Kay, et al. v. U.S.

Case Updates

NCLC urged the Supreme Court to grant review of a Fifth Circuit decision expanding the scope of criminal liability under the Foreign Corrupt Practices Act (FCPA). In this case, the Fifth Circuit upheld the criminal convictions of two corporate officers who allegedly paid bribes to Haitian officials in order to reduce taxes and duties. NCLC argued that the Fifth Circuit’s decision criminalizes activity not covered by the plain language of the FCPA, which applies only to payments to foreign officials for the purpose of “obtaining or retaining business.” The Fifth Circuit’s ambiguous and broad interpretation of the FCPA, if upheld, will greatly increase the investigative and compliance burdens U.S. companies face.