Jenner & Block

Client Alert: Eleventh Circuit Finds FCPA Covers Bribes to State-Owned Enterprise

Jenner & Block Partners Jessie K. Liu and Robert R. Stauffer and Associate Michael W. Khoo authored this client alert regarding The United States Court of Appeals for the Eleventh Circuit handing down a significant decision on the scope of the Foreign Corrupt Practices Act (FCPA or the Act), becoming the first federal appellate court to hold that the phrase “foreign government . . . instrumentality” is broad enough to include state-owned enterprises that provide commercial services, such as telephone services, as part of a public function.  The Court largely approved the government’s reading of the statute while rejecting the arguments of two defendants convicted for bribing officials of Haiti’s government-owned telecommunications company.