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Case Citations [1] (Spring 2024)

handle is hein.ali/relagcy0140 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations AGENCY Generally C.A.5 2023. Cit. generally in case cit. in ftn. In consolidated actions, non-citizens who lived in Switzerland and worked for Swiss wealth-management firms were indicted for conspiring to violate the Foreign Corrupt Practices Act, based on allegations that defendants, as agents of a domestic concern, assisted in laundering money from an illegal bribery scheme between U.S. businesses and Venezuelan officials. The district court granted defendants' motion to dismiss, finding that the term agent under the Act was unconstitutionally vague when used as a jurisdictional basis to prosecute foreign nationals such as defendants. This court reversed and remanded, concluding that the term agent as applied to defendants was not unconstitutionally vague on a lack-of-fair warning theory. The court reasoned, in part, that term agent under the Act, which was governed by its common-law meaning as set forth in the Restatement of Agency, did not draw a line so vague that defendants were not reasonably aware of their potential for engaging in illegal activity under the Act. United States v. Rafoi, 60 F.4th 982, 997. C.A.5 2023. Cit. generally in case cit. in ftn. In consolidated actions, non-citizens who lived in Switzerland and worked for Swiss wealth-management firms were indicted for conspiring to violate the Foreign Corrupt Practices Act, based on allegations that defendants, as agents of a domestic concern, assisted in laundering money from an illegal bribery scheme between U.S. businesses and Venezuelan officials. The district court granted defendants' motion to dismiss, finding that the term agent under the Act was unconstitutionally vague when used as a jurisdictional basis to prosecute foreign nationals such as defendants. This court reversed and remanded, concluding that the term agent as applied to defendants was not unconstitutionally vague on a lack-of-fair warning theory. The court reasoned, in part, that term agent under the Act, which was governed by its common-law meaning as set forth in the Restatement of Agency, did not draw a line so vague that defendants were not reasonably aware of their potential for engaging in illegal activity under the Act. United States v. Rafoi, 59 F.4th 718, 733. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 3. ESSENTIAL CHARACTERISTICS OF RELATIONSHIP COPYRIGHT ©2024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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