Second Circuit Judge’s Interpretation of FCPA is “Just Plain Wrong”

Noting that there is relatively little case law interpreting the Foreign Corrupt Practices Act—and even less at the appellate level—Mike Koehler reports on a recent dissent by a Second Circuit judge, whose interpretation Koehler describes as “just plain wrong on certain issues.” For example, Koehler argues that the judge is incorrect in stating that the 1998 amendment of the FCPA was done “to bring the United States into compliance” with the OECD Convention, because in several areas it expressly did not.