Foley Represents Pro Bono Client Carlos Rodriquez in U.S. v. Esquenazi

16 May 2014 News

Foley represented former Terra Telecommunications executive Carlos Rodriguez in the U.S. Court of Appeals for the Eleventh Circuit case, U.S. v. Esquenazi, the first case to reach the appellate court addressing the question of who is considered a foreign official under the Foreign Corrupt Practices Act (FCPA). On May 16, 2014, the panel found that Haiti Teleco is an “instrumentality” of the Haitian state, thereby qualifying its employees as foreign officials under the FCPA. The decision succeeded in narrowing the scope of when a state-owned commercial enterprise qualifies as an instrumentality of a foreign government.

The Foley team included David Simon, Pamela Johnston, Kenneth Winer, Jamie Guerrero, Lauren Valiente and James Cirincione.

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