Partner David Simon was quoted in a Law360 story, “High Court Asked to Define FCPA ‘Instrumentality,” on August 14, 2014. The article reported on cert petition to the U.S. Supreme Court to define the Foreign Corrupt Practices Act “instrumentality of a foreign government” provision, arguing the U.S. Court of Appeals for the Eleventh Circuit ruling in US v. Esquenazi creates confusion over the statute’s reach.
Simon, who represents defendant Carlos Rodriguez in the case, was quoted saying, “The Eleventh Circuit’s standard for who qualifies as a ‘foreign official’ is extremely problematic. There’s no place in the criminal law for such vague, multifactor tests.”
