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. 

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]