Second Circuit Review: The Meaning of ‘Official Act’ Under Bribery Laws

Litigation partner Martin Flumenbaum and firm chairman Brad Karp’s latest Second Circuit Review column, “The Meaning of ‘Official Act’ Under Bribery Laws,” appeared in the October 23 issue of the New York Law Journal. The authors discuss United States v. Ng Lap Seng, in which the Second Circuit held that the defi­nition of “official act,” as used in the general bribery statute and construed in the U.S. Supreme Court decision in McDonnell v. United States, does not limit “bribery” as prohibited by the federal program bribery statute and the FCPA. The Second Circuit’s decision further clarifies the contours and scope of the bribery statutes and provides helpful guidance for both parties and judges drafting jury instructions in bribery cases.