How Esquenazi Will Play Out In Emerging Economies

Law360, New York (October 27, 2014, 2:35 PM EDT) -- On Oct. 6, 2014, the U.S. Supreme Court declined to review the decision by the U.S. Court of Appeals for the Eleventh Circuit in United States v. Esquenazi, 752 F.3d 912 (11th Cir. 2014). The Esquenazi opinion was a landmark one: for the first time in the 37-year history of the U.S. Foreign Corrupt Practices Act, a court of appeals defined the term "instrumentality" under the statute. And the definition was broad, paving the way for the U.S. Department of Justice and the U.S. Securities and Exchange Commission to continue pursuing FCPA enforcement of activities associated with employees of state-controlled or...

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