2nd Circ.'s Seminal Rejection Of FCPA Conviction Challenge

Law360 (August 28, 2019, 1:23 PM EDT) -- The anti-bribery provisions of the Foreign Corrupt Practices Act are broad, encompassing a variety of prohibitions. A recent appellate decision affirms that prosecutors, in charging violations of those provisions, do not face the limitations that apply to domestic public-sector bribery.

In the three years since the U.S. Supreme Court, in McDonnell v. United States, overturned former Virginia Gov. Bob McDonnell’s convictions for honest services fraud and Hobbs Act extortion based on his alleged acceptance of bribes,[1] lower federal courts repeatedly have been asked to decide whether the McDonnell opinion applies with equal force to other federal bribery statutes.

On Aug. 9,...

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