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Who Is a ‘Foreign Official’ in China: The FCPA After Noriega and Carson Cases

18 May 2012

White Collar Crime Report

For many years, the United States government has interpreted the definition of ‘‘foreign official’’ in the Foreign Corrupt Practices Act very broadly, meaning that the payment of any remuneration to a wide range of individuals abroad could violate the act. Despite the fact that this broad definition makes compliance difficult, it long went unchallenged until defendants in a few recent cases disputed the government’s position. While the government prevailed in these first skirmishes, the opinions in its favor have begun to suggest some potential limits on the range of individuals who might qualify as ‘‘foreign officials.’’

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The team

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