United States v. Kay
United States Court of Appeals for the Fifth Circuit
513 F.3d 432 (2007)
- Written by Arlyn Katen, JD
Facts
The federal government (plaintiff) charged company executives David Kay and Douglas Murphy (defendants) with violating the Foreign Corrupt Practices Act (FCPA) in connection with their company’s alleged bribery of foreign officials to accept false documents that would reduce the company’s taxes and import duties. At trial, the federal district court instructed the jury that a defendant must “corruptly” violate the FCPA, defining a corrupt act as a voluntary and intentional act performed with “a bad purpose or evil motive” to reach either an unlawful result or a lawful result by unlawful means. In response to a particular jury question about the FCPA, the trial court informed the jury that a knowing act is a voluntary and intentional act, not an act performed because of an accident or mistake. The jury convicted Kay and Murphy of FCPA violations. Kay and Murphy appealed, arguing that the federal district court incorrectly instructed the jury about the mens rea (or mental state) required to violate the FCPA.
Rule of Law
Issue
Holding and Reasoning (Higginbotham, J.)
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