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United States V. Esquenazi: Injecting Clarity Or Confusion Into The Foreign Corrupt Practices Act, Amy Lynn Soto
United States V. Esquenazi: Injecting Clarity Or Confusion Into The Foreign Corrupt Practices Act, Amy Lynn Soto
University of Miami Inter-American Law Review
The Foreign Corrupt Practices Act (FCPA) was enacted in 1977 to criminalize the bribing of foreign officials in order to obtain or retain business. In recent years, there has been an increase in bribery investigations and prosecutions by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). This increase in enforcement coexists with an ambiguity regarding the scope of the FCPA.
The scope of the FCPA hinges on the determination of who is a foreign official. The FCPA defines a foreign official as “any officer or employee of a foreign government or any department, agency, or instrumentality thereof, …