In "The Facade of FCPA Enforcement" (here) I noted that "no enforcement agency interpretation contributes more to the facade of FCPA enforcement and no FCPA element is more urgently in need of judicial scrutiny than the FCPA's 'foreign official' element."
Last week, various defendants in the U.S. v. Stuart Carson et al. case filed a motion to dismiss challenging the DOJ's interpretation that employees of alleged state-owned or state-controlled enterprises are “foreign officials” under the FCPA. See here for the prior post.
Yesterday, Lindsey Manufacturing Company, Keith Lindsey, and Steve Lee - defendants in U.S. v. Enrique Faustino Aguilar Noriega, et al. also filed a motion to dismiss challenging the same enforcement theory.
See here for the motion to dismiss.