Terra Execs Ask 11th Circ. To Curb FCPA's Reach

Law360, Miami (October 11, 2013, 5:34 PM EDT) -- Attorneys for two former Terra Telecommunications Corp. executives convicted of bribing employees of a Haitian government-owned telecom told the Eleventh Circuit on Friday that the Foreign Corrupt Practices Act's "instrumentality of a foreign government" should be limited to state agencies and shouldn't ensnare state-owned companies.

Markus Funk of Perkins Coie LLP, who represents former Terra president Joel Esquenazi, argued the trial court had erred in instructing a jury that employees of state-owned Telecommunications D'Haiti SAM, or Haiti Teleco, could be considered “foreign officials” under the FCPA...
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