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United States v. Esquenazi, 752 F.3d 912 (2014)
The Foreign Corrupt Practices Act prohibits domestic entities from bribing foreign officials. In United States versus Esquenazi, the Eleventh Circuit took a closer look at the definition of foreign official and found itself challenged to define another term altogether.
Joel Esquenazi and Carlos Rodriguez were co-owners of Florida-based Terra Telecommunications. Terra purchased phone time from foreign vendors and resold the time to U.S. customers. One of Terra’s chief vendors was Telecommunications D’Haiti, which we’ll call Teleco. Teleco had deep ties to the Haitian government. Although there was no definitive documentation declaring Teleco a public entity, Teleco was widely perceived by the government and the general public as being a public entity.
In 2001, Terra arranged to have its bills reduced by offering bribes to Teleco officials. By 2005, Terra had paid these officials over $800,000 in exchange for 2 million dollars in reduced bills.
Esquenazi and Rodriguez were indicted for conspiracy, concealment money laundering, and violations of the Foreign Corrupt Practices Act. At trial, the court instructed the jurors regarding the factors they should consider in determining whether Teleco was an instrumentality under the act. Ultimately, the jury determined that the evidence supported a finding that Teleco was an instrumentality.
Esquenazi and Rodriguez were convicted. They appealed, challenging the district court’s jury instructions.
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