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.'"...

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