1. DOJ Opinion on “Foreign Official” Muddies the FCPA Waters

    The Department of Justice recently concluded that a royal family member was not considered a “foreign official” for the purposes of the Foreign Corrupt Practices Act. But does the opinion correspond with the DOJ’s traditional interpretation of “foreign official”? From Ifrah Law:

    “The DOJ surprised us by undertaking a reasonable, thoughtful, and fact-intensive analysis in finding that the royal family member was not a foreign official. However, the new standard invoked by the DOJ conflicts with the broad reading of ‘foreign official’ that the DOJ has previously applied, which encompasses even employees of state-owned communications companies. Surely a telecom employee does not exert much control or influence ‘over the levers of governmental power,’ nor would his government characterize him as having ‘governmental power.’ Yet the DOJ found telecom employees to be foreign officials.”

    Read the update, DOJ Opinion on Key FCPA Issue Makes Sense, But What’s Next? - Ifrah Law»