Matt Reinhard Quoted in Main Justice Regarding Foreign Official Criteria Under the FCPA

"Judicial Consensus Growing on 'Foreign Official' Criteria"
Main Justice
02.28.12Matt Reinhard comments on a recent ruling in which Judge James Selna joined two previous judges in saying that a fact-based analysis by the jury should determine whether employees of a certain state-owned or state-controlled entities are foreign officials under the FCPA, rejecting defense arguments that he should clearly define what constitutes an "instrumentality" of a foreign government, the so-called "bright line" approach. "The foreign official definition will continue to be challenged," Reinhard said. "None of them [ruled] in such a bright line way that, as a defense attorney, you'd say, 'well I'm not going to even bother litigating that.'"
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