Earlier this month, the DOJ criminally charged David Ferrera and Marc Tilman (individuals associated with Balt) with FCPA and related offenses in connection with an alleged bribery scheme involving an employee of an alleged French state-owned and state-controlled public university hospital. (See here for the prior post).
The enforcement theory that employees of certain foreign health care systems are “foreign officials” under the FCPA and thus occupy a status akin to a President or Prime Minister has been used approximately 35 times in corporate enforcement actions but has never subjected to judicial scrutiny.
The Ferrera and Tilman action is believed to be the first instance of this enforcement theory being used to criminally charge individuals with FCPA offenses.
Recently, Ferrera was arraigned and pleaded not guilty.
The case is assigned to Judge David Carter (C.D. of California) and a jury trial is scheduled for May 12, 2026.
Ferrera is represented by John Lewis Littrell (Bienert Katzman Littrell Williams LLP).
