The opinion released Friday said the company bribed in the case qualified as an instrumentality “under almost any definition we could craft,” and, in the interest of government and companies both seeking an appellate-level definition of the term, provided one of its own.
“An ‘instrumentality’ under…the FCPA is an entity controlled by the government of a foreign country that performs a function the controlling government treats as its own,” said the opinion, written by Judge Beverly Martin.
‘Enforcement 40’ for 2020
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