WSJ Risk & Compliance Journal Discusses Foley FCPA Appeal

Partners Pam Johnston and David Simon were quoted in a WSJ Risk & Compliance Journal article on October 15, 2013 titled “Appeals Judges Probe for Definition of ‘Instrumentality’ in Key FCPA Case.” The article discusses the case of two former Florida-based telecoms executives convicted of violating the Foreign Corrupt Practices Act (FCPA). Johnston was quoted saying, “The 11th Circuit is writing on a blank slate with regard to the meaning of what is a ‘foreign official’ under the FCPA. It’s obvious from the arguments the court will work hard to try to get it right.”

Simon added, “Our point is that the government hasn’t drawn a clear line, and in a criminal case you have to have a clear line.”

Johnston and Simon are representing Carlos Rodriguez, a former executive of Terra Telecommunications who was found guilty in a scheme to bribe officials at Haiti’s state-owned telecom company, Haiti Teleco.