For the third consecutive Monday, an FCPA defendant has 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.
Yesterday in the S.D. of Texas, lawyers for John Jospeh O'Shea filed this motion.
In November 2009, O'Shea was charged in an eighteen count indictment (see here). See here for the DOJ release.
O'Shea is the former general manager of ABB Network Management. In September 2010 ABB Ltd. and certain of its affiliated entities resolved an FCPA enforcement action based in part on the conduct at issue in the O'Shea indictment. See here for the DOJ release and here for the prior post.
O'Shea's trial is scheduled to begin on May 3, 2011.
For the other recent "foreign official" challenges (both in the C.D. of California) see here and here.