Court Denies Motion to Dismiss on "Foreign Official" Issue

05 April 2011 Publication

As guest bloggers on the FCPA Professor Blog, Jaime Guerrero and Mike McCollum report on the Lindsey case, scheduled to begin trial April 5. U.S. Judge Howard Matz denied defendants’ motion to dismiss the indictment on the "foreign official" issue. The issue presented was whether the officials of Mexico’s state-owned utility company, CFE, were "foreign officials" under the FCPA. To read the complete blog, follow this link.

The blog is also cited in articles in Law360 and in the April 4, 2011, Wall Street Journal. Law 360 quotes Mike directly on the implications of the decision: "'Rather than the sort of broad brush-stroke legal argument, courts are going to have to look at this case-by-case and make fact-specific determinations,' said Michael B. McCollum, senior counsel at Foley & Lardner LLP." The Wall Street Journal cites the blog report to explain Judge Matz's reasoning in his decision: "Matz . . . noted that Mexican Constitution provides that the supply of electricity in Mexico is solely a government function and that CFE’s governing board is composed of Mexican government officials and its director general is appointed by the president, reported Mike McCollum of Foley & Lardner LLP on the FCPA Professor Blog. McCollum was present at the hearing."

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