• Bribes to Employees of State-Owned Corporations May Trigger FCPA Liability
  • May 31, 2011 | Authors: John M. Nichols; Gabriel M. Nugent
  • Law Firm: Hiscock & Barclay, LLP - Syracuse Office
  • On May 18, 2011, Central District of California Judge James V. Selna ruled that a state-owned corporation may qualify as an “instrumentality” of a foreign government under the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et. seq. (the “FCPA”). With that holding, Judge Selna denied a motion to dismiss filed by several individuals indicted for bribing employees of state-owned companies in China, South Korea and the United Arab Emirates. Judge Selna also rejected the defendants’ argument that the term “foreign official,” as used in the FCPA, is void for vagueness.