This recent post highlighted the criminal convictions of former ComEd executives and associates on all counts charged, including conspiring to influence and reward the former Speaker of the Illinois House of Representatives in order to assist with the passage of legislation favorable to the electric utility company, in addition to multiple bribery and record falsification charges. (See here for the DOJ release).
It was noted that bribery of a state politician is not ordinarily the type of conduct that results in Foreign Corrupt Practices Act issues; however ComEd (a majority-owned indirect subsidiary of Exelon Corp) was an issuer (as was Exelon) and the most serious (from a sentencing and fine perspective) criminal charges the individuals were found guilty of were record falsification in violation of the FCPA.
Although outside the foreign bribery context, the individual convictions of FCPA books and records offenses is likely one of more high profile instances of criminal convictions of those provisions in the FCPA’s approximate 45 year history.
Set forth below are the relevant jury instructions issued by Judge Harry Leinenweber (N.D. Ill).