Notable Criminal FCPA Enforcement Action Filed
It is one of the more dubious FCPA enforcement theories there is.
It has never been subjected to judicial scrutiny.
It is a relatively new enforcement theory when one considers that the Foreign Corrupt Practices Act was enacted in 1977.
It is an enforcement theory that has been used 35 times in corporate enforcement actions since introduced to the FCPA context in 2002 and thus is one of the more obvious reasons for the general increase in FCPA enforcement in the modern era. (See here).
It is the enforcement theory that employees (such as physicians, nurses, mid-wives, lab personnel, etc.) of certain foreign health care systems are “foreign officials” under the FCPA and thus occupy a status akin to a President or Prime Minister.
It is believed that this enforcement theory has never been used to criminally charge an individual with FCPA offenses …. until now.