Jenner & Block

“Will the FCPA Be Used to Prosecute Domestic Bribery Cases?” The Anti-Corruption Report

In this article, Jenner & Block Partner David Bitkower and Associate Karthik P. Reddy highlight the tension between the 2016 US Supreme Court opinion in McDonnell v. United States, which narrowed the domestic bribery statute, and the broader scope of the “books and records” provision of the Foreign Corrupt Practices Act (FCPA).  The authors examine signs that the US Department of Justice may be considering use of the FCPA to prosecute domestic bribery cases as a way to avoid the McDonnell opinion.  The article was written with former partner Nicholas Barnaby.