High Court Asked To Define FCPA 'Instrumentality'

By Jeff Sistrunk (August 14, 2014, 7:48 PM EDT) -- Two former Terra Telecommunications Corp. executives convicted of bribery asked the U.S. Supreme Court on Thursday to define the Foreign Corrupt Practices Act's "instrumentality of a foreign government" provision, arguing the Eleventh Circuit's ruling that the term could include state-owned companies exacerbates confusion over the statute's reach.

Former Terra President Joel Esquenazi and former Vice President Carlos Rodriguez said in a petition for certiorari that the Eleventh Circuit, in its decision affirming their convictions for bribing employees of a Haitian government-owned telecom company, defined "instrumentality" in a way that differs from previous definitions and "deepens confusion over the term 'foreign official.'"...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!