United States v. Kay

WIENER, Circuit Judge:

Plaintiff-appellant, the United States of America (“government”) appeals the district court’s grant of the motion of defendants-appellees David Kay and Douglas Murphy (“defendants”) to dismiss the Superseding Indictment 1 (“indictment”) that charged them with bribery of foreign officials in violation of the Foreign Corrupt Practices Act (“FCPA”). 2 In their dismissal motion, defendants contended that the indictment failed to state an offense against them. The principal dispute in this case is whether, if proved beyond a reasonable doubt, the conduct that the indictment…