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Ropes & Gray Attorneys Discuss the Rare Eleventh Circuit Judicial Guidance Interpreting the FCPA in United States v. Esquenazi

Practices: Anti-Corruption / International Risk, Business & Commercial Litigation, Government Enforcement / White Collar Criminal Defense

In June 6 article published by Bloomberg BNA “Corporate Law & Accountability Report,” Ropes & Gray government Enforcement partner James Dowden (Boston) and government enforcement associate Patrick Welsh (Boston) discuss rare guidance from the from the U.S. Court of Appeals for the Eleventh Circuit in United States v. Esquenazi. The court set forth a test for evaluating when the executives and employees of a company owned or otherwise controlled by a government constitute “foreign officials” under the Foreign Corrupt Practices Act (FCPA), which could guide judicial ruling and prosecutorial charging decisions throughout U.S. courts. The article is available here.

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