Jurisdiction(s):
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Applying US Supreme Court domestic corruption decisions to the FCPA: limited impact, with agency principles potentially widening ‘foreign official’

Published on: 08 October 2024

Published by a Law360 reporter

Legal News

Article summary

By contrast, domestic corruption matters are frequently reviewed on appeal all the way up to and including the highest court in the land—often trimming prosecutors’ scope to use federal statutes to charge certain domestic behaviour that many would, in everyday terms, regard as corrupt conduct. At the same time, more individuals are taking FCPA cases to trial and being convicted on those counts. For example, most recently, Glenn Oztemel was found guilty by a jury in the US District Court for the District of Connecticut on 26 September 2024 on FCPA charges brought against him. Against that backdrop, a natural question is what effect, if any, a narrowing of domestic corruption statutes might have on the FCPA, should an FCPA case ultimately reach the Supreme Court. In this article, we assess the potential application of three recent Supreme Court decisions to the FCPA framework in practice. We conclude that, although some parallels exist between those rulings and certain elements of the FCPA, persuading courts to apply those analogies in the FCPA context may prove especially difficult.

Ciminelli v US

On 11 May 2023, a unanimous US Supreme Court overturned the wire fraud conviction of Louis Ciminelli...

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