DOJ FCPA Enforcement Actions Against Foreign States And Their Alleged Instrumentalities
This recent post highlighted the Supreme Court’s decision in the Halkbank matter holding that the Foreign Sovereign Immunities Act does not provide immunity to foreign states and their instrumentalities from criminal prosecution in the United States.
Logical commentary has suggested that as a result of the decision, there may be an increase in criminal prosecutions in the U.S. of foreign states and their alleged instrumentalities.
However, long before the Halkbank decision the DOJ has criminally prosecuted alleged instrumentalities of foreign states for Foreign Corrupt Practices Act violations.