US Appeals Court Reinstates FIFA Bribery Convictions, Showing Bribery Schemes Can Be Prosecuted Under the Honest Services Wire Fraud Statute

In a July 2 decision, the US Court of Appeals for the Second Circuit said a Brooklyn federal judge erred in overturning the convictions of Hernán López and Full Play Group in a wide-ranging bribery case. The three-judge panel vacated US District Judge Pamela Chen’s decision to acquit the defendants and sent the case back to her court for further proceedings.

In an interview with Global Investigations Review, Pillsbury partner Richard Donoghue said the Second Circuit’s decision broadly shows foreign bribery schemes that have some connection to the US can be prosecuted under the honest services wire fraud statute.

“That could be the case even when a foreign jurisdiction doesn’t recognize the existence of fiduciary duty of an employee to an employer,” said Donoghue, who served as the US attorney for the Eastern District of New York and briefly as the acting US deputy attorney general during President Donald Trump’s first term.

“As long as the US recognizes that fiduciary duty, and as long as there’s some connection to the US – bank accounts, travel, et cetera – then prosecutors still have a very powerful tool to prosecute foreign bribery schemes,” Donoghue continued.

In light of a “retreat from aggressive FCPA enforcement”, Donoghue said, the Second Circuit’s decision could encourage federal prosecutors to investigate and prosecute foreign commercial bribery.

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