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United States v. Kay

United States Court of Appeals for the Fifth Circuit

359 F.3d 738 (5th Cir. 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

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Issue

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Holding and Reasoning (Wiener, J.)

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