Firm Memoranda

Eleventh Circuit Broadly Defines “Instrumentality” Under the Foreign Corrupt Practices Act

Date: 07/01/14

On May 16, 2014, in United States v. Esquenazi, the United States Court of Appeals for the Eleventh Circuit interpreted the critical term “instrumentality” under the Foreign Corrupt Practices Act (the “FCPA”) to include an entity controlled by a foreign government which performs “a function the foreign government treats as its own.”

CGR Memo - Eleventh Circuit Broadly Defines 'Instrumentality' Under the Foreign Corrupt Practices Act.pdf (pdf | 130.03 KB )