Judge Clarifies 'Foreign Official' In Lindsey FCPA Case

Law360, New York (April 21, 2011, 8:04 PM EDT) -- A California federal judge issued an opinion Wednesday explaining his refusal to dismiss bribery charges against Lindsey Manufacturing Co., bolstering a definition of “foreign official” under the Foreign Corrupt Practices Act that can include employees of state-owned corporations.

Judge A. Howard Matz articulated in his opinion that CFE, while not an explicit department or agency, fits the definition of an “instrumentality” of the Mexican government under the FCPA, making the CFE employees who allegedly received bribes “foreign officials” and subjecting the Lindsey Manufacturing executives to liability...
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