DOJ Atty Says FCPA Trial Prep Shifting Despite Alstom Win

Law360 (December 3, 2019, 9:54 PM EST) -- A senior U.S. Department of Justice official said Tuesday that, despite winning a recent trial against a former Alstom executive, bribery prosecutors will need to change their strategy in light of a far-reaching Second Circuit ruling requiring proof that foreigners alleged to have stewarded bribes were "agents" of a U.S.-domiciled company.

Speaking at a symposium of the New York City Bar Association, Daniel Kahn, a senior deputy chief of the Justice Department's fraud section, said last year's Second Circuit ruling requiring proof of “agency” in Foreign Corrupt Practices Act cases against foreigners continues to loom large in his world, even after the notable conviction...

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