• Recent Ruling Makes it Difficult for Defendants to Raise Local Law Defense in FCPA Cases
  • November 10, 2008 | Authors: William B. Jacobson; Kimberly Sullivan Walker
  • Law Firm: Fulbright & Jaworski L.L.P. - Washington Office
  • A ruling favorable to the government, released last week by the U.S. District Court for the Southern District of New York, will make it difficult for a defendant in a Foreign Corrupt Practices Act ("FCPA") case to raise an affirmative defense which relies on the alleged bribe being legal under the written laws of the country in which it was made. In United States v. Kozeny, et. al., No. 05-518 (S.D.N.Y. filed Oct. 21, 2008), Judge Scheindlin narrowly interpreted this defense and restricted an affirmative defense of extortion to severe situations of "true extortion."