Kirkland Alert Kirkland & Ellis LLP

FCPA Developments: The Eleventh Circuit Ruling in U.S. v. Esquenazi

On May 16, the Eleventh Circuit’s ruling in U.S. v. Esquenazi defined the term “government instrumentality” as used in the FCPA; specifically, the Court stated that a “government instrumentality” is “an entity controlled by the government of a foreign country that performs a function the controlling government treats as its own.”