In United States v. Ng Lap Seng, the U.S. Court of Appeals for the Second Circuit addressed whether the definition of “official act” in the general federal bribery statute, 18 U.S.C. §201, applies to 18 U.S.C. §666 and the Foreign Corrupt Practices Act (FCPA), 15 U.S.C. §§78dd-2, 78dd-3. In an opinion written by Circuit Judge Reena Raggi, and joined by Circuit Judge Peter Hall, with Circuit Judge Richard Sullivan concurring in a separate opinion, the Second Circuit held that the definition of “official act”—as used in §201(b)(1), defined by §201(a)(3), and construed in the U.S. Supreme Court decision McDonnell v. United States—does not limit “bribery” as prohibited by §666 and the FCPA. Accordingly, the court affirmed Ng Lap Seng’s conviction.

Against the backdrop of ongoing robust FCPA enforcement activity, the Second Circuit joined other circuit courts and dispelled any ambiguity as to whether the definition of “official act” in the general bribery statute limits the scope of other bribery statutes such as §666 and the FCPA.

Scheme in ‘Ng Lap Seng’