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11th Circuit primed to issue key FCPA ruling

The court plans to define exactly what a “foreign official” is under the Foreign Corrupt Practices Act

The 11th Circuit Court of Appeals in Miami began to tackle an important foreign bribery case on Oct. 11, and the resulting interpretation of the Foreign Corrupt Practices Act (FCPA) could be crucial for all businesses conducting affairs outside the U.S.

Joel Esquenazi and Carlos Rodriguez, two ex-executives of Terra Telecommunications Corp., were previously found guilty in August 2011 of bribing Haiti’s official state-owned telecom company, Haiti Teleco, in order to receive government contracts. Under the FCPA, Esquenazi received 15 years in jail. However, lawyers for the two attempted to appeal on the basis that Haiti Teleco officials did not constitute “foreign officials” as defined by the FCPA.

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Zach Warren

Zach Warren is Assistant Editor of InsideCounsel magazine, where he oversees online content submissions and administers InsideCounsel's enewsletters. Zach specializes in new media and multimedia...

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