The Organisation for Economic Co-operation and Development (OECD) has released its Foreign Bribery Report, which provides a comprehensive analysis of anti-bribery enforcement actions around the world dating from 1999.
The US Court of Appeals for the Eleventh Circuit has provided useful guidance on the meaning of the term "instrumentality" as used in the Foreign Corrupt Practices Act ("FCPA"). In a landmark decision released on May 16, the court established the criteria for when companies with ties to foreign governments and their employees may be considered "foreign officials" for purposes of the anti-bribery law.
Continuing a seven-year trend, 2013 has seen a continued surge in activity on the Foreign Corrupt Practice Act front, both with respect to noteworthy new judicial decisions impacting the FCPA’s applicability and significant enforcement actions brought by the Justice Department and the Securities and Exchange Commission.
The Seventh Circuit Court of Appeals’ decision in United States v. Anchor Mortgage Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013), provides additional guidance on the appropriate measure of damages under the False Claims Act (FCA).