In Search Of A Definition Of 'Foreign Official'

Law360, New York (April 4, 2012, 4:57 PM EDT) -- On Feb. 16, 2012, Judge James Selna of the Central District of California issued an order in United States v. Carson regarding jury instructions pertaining to the terms “foreign official” and “instrumentality” of the government under the Foreign Corrupt Practices Act.[1] Judge Selna’s order rejected defendant’s proposal for a bright-line approach[2] in favor of a “fact-based finding in light of the totality of the circumstances.”[3]

This ruling is a recent example of a federal judge finding that whether a state-owned or state-controlled entity qualifies as an...
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