On August 14, a petition for certiorari was filed in the Supreme Court seeking review of United States v. Esquenazi, an Eleventh Circuit decision defining the term “instrumentality” of a foreign government under the Foreign Corrupt Practices Act (FCPA).  The Eleventh Circuit had held on May 16, in the first opinion by a federal court of appeals defining this term, that an “instrumentality” is “an entity controlled by the government of a foreign country that performs a function the controlling government treats as its own.”  The Court of Appeals thus affirmed the convictions under the FCPA of defendants Joel Esquenazi and Carlos Rodriguez, who co-owned a Florida telecommunications company, for bribing officers of Haiti Teleco, which the court held to be an “instrumentality” of Haiti’s government.  In their petition for certiorari, Esquenazi and Rodriguez contend that the Eleventh Circuit’s definition of “instrumentality” is inconsistent with the statute’s purpose and denies constitutionally adequate notice of what conduct violates the FCPA. See Davis Polk Client Memorandum.