The government has brought lots of anti-bribery 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, Los Angeles federal district judge Howard Matz ruled in April 2011 that state-owned companies could be instrumentalities of the government. Santa Ana, Calif., federal district judge James Selna made a similar ruling against former executives of Control Components Inc. in May 2011, although he added that a lot depended on the facts.
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