The government has brought lots of antibribery cases under the Foreign Corrupt Practices Act, but there are still some crucial aspects of the law that remain unsettled. For instance, what constitutes a “foreign official” under the FCPA?
In a couple of prosecutions, defense attorneys have tried unsuccessfully to limit the definition to exclude employees at state-run enterprises. In the Lindsey Manufacturing prosecution, for example, U.S. District Judge Howard Matz in Los Angeles ruled in April 2011 that state-owned companies could be instrumentalities of the government. The following month U.S. District Judge James Selna in Santa Ana, California, made a similar ruling against former executives of Control Components Inc., although he added that a lot depended on the facts.
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