Crucial FCPA Definition Under Appeals Court Review

In a case that could establish important groundrules for future application of the Foreign Corrupt Practices Act, oral arguments began last week in U.S. v. Esquenazi, in the Court of Appeals for the Eleventh Circuit. The case involves alleged bribery of officials at Haiti Telecom, a Haiti state-owned telecommunications company. The question is whether officials of a state-owned enterprise should be considered “foreign officials” under the FCPA.