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Following Sigelman Plea, More Creative Instrumentality Challenges Expected

Just Anti-Corruption

17 Jul 2015

James Koukios, former FCPA prosecutor and partner in the firm’s Securities Litigation, Enforcement & White-Collar Defense Practice Group, was quoted regarding Joseph Sigelman’s trial strategy in the FCPA case against the former PetroTiger Ltd. co-CEO. According to Mr. Koukios, the defendant’s use of the Eleventh Circuit’s Esquenazi decision on when an employee of a state-owned enterprise can be considered a “foreign official” under the FCPA “took what seemed to be a clear victory for the government and made it [the defendant’s] own.” Mr. Koukios predicted that other defendants would pursue a similar strategy in future cases.

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