Second Circuit Affirms FCPA Conviction of Ng Lap Seng and Rejects Application of Supreme Court’s McDonnell Decision to FCPA
The Second Circuit has rejected Ng Lap Seng’s appeal of his 2017 conviction for bribery of UN officials. It ruled that the Supreme Court’s holding in McDonnell, that under 18 USC § 201, the government had to prove that a bribe is paid in exchange for an “official act” – does not apply to cases involving the FCPA (and Section 666, which applies to bribery of state and local officials). The decision is the first circuit court decision considering the application of McDonnell to the FCPA.
The case involves a lengthy bribery scheme in which Ng, a Chinese real estate developer, bribed UN officials to designate his complex as the permanent site for the annual convention of the UN Office for South-South Cooperation. Ng appointed one official as president of a media organization he owned, and paid him monthly bribes totaling about $1 million. He also paid bogus consulting fees to the wife of another official, and other financial benefits.
