United States v. Kozeny
United States District Court for the Southern District of New York
582 F. Supp. 2d 535 (2008)
Frederic Bourke (defendant) was charged with violating the Foreign Corrupt Practices Act (FCPA) for paying Azerbaijani officials to help privatize a state-owned oil company. Azeri law criminalized bribery but relieved a briber of liability if he later reported the bribe or was extorted into paying it. The FCPA itself offers an affirmative defense for payments that are legal under the foreign country's laws. Bourke sought a jury instruction on that FCPA defense, arguing Azeri law relieved him of liability because he was extorted; the government argued the instruction shouldn't be given because the payment was still unlawful under Azeri law even if Bourke personally couldn't be prosecuted for it.
Whether it is a defense under the Foreign Corrupt Practices Act that the laws of a foreign country relieve a person of criminal liability for a bribe, if the payment itself was unlawful under the laws of that foreign country.