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Rahul MukhiRahul Mukhi ()

In McDonnell v. United States, a unanimous Supreme Court vacated former Virginia Governor Robert McDonnell’s convictions on bribery-related charges, based on its interpretation of the term “official act” under the domestic federal bribery statute.  Last month, the Department of Justice announced that it would not retry Governor McDonnell and moved to dismiss the charges.1 Although McDonnell did not mention the Foreign Corrupt Practices Act by name, the striking similarities between certain of the FCPA’s anti-bribery provisions and the statute cabined by McDonnell raise significant questions about whether several activities previously thought to run afoul of the FCPA remain violative of the statute.

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