Definition of `Foreign Official’ Under FCPA To Get More Court Scrutiny, Attorney Says

The definition of a “foreign official” under the Foreign Corrupt Practices Act is one that will attract increasing judicial scrutiny, including from the federal appellate courts, a Gibson Dunn & Crutcher LLP attorney said Sept. 8.

F. Joseph Warin, a partner in Gibson Dunn’s Washington, D.C., office, commented that it is “very hard to unpeel the onion as to who is a foreign official.” He added that Gibson Dunn attorneys wrote the lead motion in United States v. Carson, a case involving the prosecution of Control Components Inc. executives over an alleged scheme to bribe employees of various foreign ...