Client Alerts & Newsletters

Fifth Circuit Reaffirms Breadth Of FCPA's Anti-Bribery Provisions

February 4, 2004

On February 4, 2004, the Fifth Circuit released its long awaited decision in United States v. Kay, holding that corrupt payments to foreign government officials “to obtain or retain business” was broad enough to reach payments by American Rice, Inc., to Haitian officials to understate customs duties and sales taxes on its rice imports. The Fifth Circuit also concluded that, despite the government's failure to identify the “business” that was assisted or how it was assisted, the indictment was nonetheless sufficient as a matter of law, but left to the district court to consider -- in response to a motion for particulars on the “intent” element -- whether to compel the government to identify specific facts to show just what business the bribe sought to obtain or retain and how the bribe was meant to accomplish this assistance.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Alan W. H. Gourley
Partner – Washington, D.C.
Phone: +1.202.624.2561
Email: agourley@crowell.com

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

View Desktop Site | Mobile Sitemap |

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2022
Attorney advertising - prior results do not guarantee a similar outcome.