United States v. Castle

925 F.2d 831 (1991)

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United States v. Castle

United States Court of Appeals for the Fifth Circuit
925 F.2d 831 (1991)

Facts

Two Canadian officials, Donald Castle and Darrell Lowry (defendants), were indicted under the general conspiracy statute, 18 U.S.C. § 371, for conspiring to bribe foreign officials in violation of the Foreign Corrupt Practices Act (FCPA). Castle and Lowry were charged with accepting a $50,000 bribe from two employees of Eagle Bus Company to guarantee acceptance of Eagle Bus Company’s bid to provide buses to the Saskatchewan provincial government. Castle and Lowry could not be prosecuted for violating the FCPA itself, as it did not criminalize receipt of bribes by foreign officials. Castle and Lowry filed a motion to dismiss the indictment against them, arguing that as Canadian officials they could not be prosecuted for conspiracy to violate the FCPA.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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