A recent scandal at a major Chinese public hospital revealed that many of the public hospitals across the country outsource their medical services to private companies and employ doctors as independent contractors. That could raise doubts about some public hospital doctors in China being "foreign officials" under the FCPA.
Entries in instrumentaility (3)
Joseph Sigelman, the former co-CEO of PetroTiger Ltd., is the latest defendant to argue that employees of state-owned enterprises aren't "foreign officials" under the FCPA. He was charged in May with bribing an official at Ecopetrol SA, Colombia’s state-controlled oil company, and defrauding PetroTiger by taking kickbacks.
A federal appeals court Friday affirmed the DOJ's expansive view of a "foreign official" under the FCPA, upholding Joel Esquenazi and Carlos Rodriguez's convictions, and keeping intact the longest prison sentence ever imposed in an FCPA case.