Global Investigations Review - The law and practice of international investigations

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Vague ‘foreign official’ theory sidestepped in LATAM settlement

By Dylan Tokar

06 September 2016

Vague ‘foreign official’ theory sidestepped in LATAM settlement iStock.com/Senohrabek

By bringing charges under the FCPA’s accounting provisions, the US government circumvented what may have been a potentially weak set of facts for alleging that a South American airline committed a substantive foreign bribery offence, lawyers from Morrison & Foerster say.