Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

United States v. Kay

United States Court of Appeals for the Fifth Circuit
359 F.3d 738 (2004)

Facts

American Rice Inc. (ARI) was a United States based company that exported rice to Haiti. Kay (defendant), an ARI officer, was indicted for violating the Foreign Corrupt Practices Act (FCPA). Kay was charged with making payments to customs officials in Haiti to bribe them into accepting documents listing less rice than was, in fact, being imported, so that less taxes would be due. Kay filed a motion to dismiss the indictment for failure to state an offense, contending that payments made to officials with the intent of reducing taxes are not payments to “obtain or retain business,” as required for a conviction under the FCPA. The district court granted Kay’s motion. The United States appealed, arguing that the FCPA applies to payments that indirectly assist in obtaining or retaining business.

Rule of Law

Issue

Holding and Reasoning (Wiener, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 370,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial

Here's why 370,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 16,300 briefs - keyed to 223 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Top-notch customer support.