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Unpublished Paper
Government Inc.: The FCPA Realistically Defined
ExpressO (2012)
  • Justin T. Hellman

The Foreign Corrupt Practices Act (FCPA) criminalizes bribing foreign officials. Colloquially, the term “foreign official” evokes images of presidents, prime ministers, and other state representatives. Rarely would one think of doctors, veterinarians, or liquor store employees as officials of foreign governments. For FCPA purposes, however, a liquor store employee can be treated the same as a head of state.

Last year for the first time, two federal courts addressed the FCPA's expansive interpretation. In response to the courts' abstract guidance, critics contend that the FCPA--the most influential foreign anti-bribery law of all time--is much too vague. Contrary to ongoing criticism, this Article is the first piece to defend the courts’ new standard for determining who qualifies as a foreign official.

  • FCPA,
  • Foreign Corrupt Practices Act,
  • Bribery
Publication Date
Citation Information
Justin T. Hellman. "Government Inc.: The FCPA Realistically Defined" ExpressO (2012)
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