In a ruling that could embolden federal anti-corruption prosecutors, the U.S. Court of Appeals for the Second Circuit has ruled that it’s not necessary to meet the heightened standard of proving that a bribe was paid in exchange for an “official act” in Foreign Corrupt Practices Act cases.
The decision in U.S. v. Ng Lap Seng is a clear win for the Justice Department and marks the first time that a circuit court has applied the official act rule, which the U.S. Supreme Court established in McDonnell v. U.S., to the FCPA.
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