Still Waiting For An FCPA Super Bowl

The Supreme Court missed a chance to resolve an important question of terminology in the Foreign Corrupt Practices Act. The FCPA bar had hoped that one particular case would spur a ruling on what an “instrumentality” of a foreign government is, but certiorari was not granted. Interest in this question is especially high because FCPA cases are seldom litigated, and there is a dearth of precedent: Defendants usually plead guilty before contesting any issues or going to trial.