U.S. v. CASTLE

No. 90-1455.

925 F.2d 831 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Donald CASTLE, and Darrell W.T. Lowry, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 8, 1991.


Attorney(s) appearing for the Case

Peter B. Clark, Sr. Litigation Counsel, Deputy Chief, Marie O'Rourke and Sara Criscitelli, U.S. Dept. of Justice, Crim. Div., Washington, D.C., for plaintiff-appellant.

William Kim Waide, Dallas, Tex., for Castle.

William D. Sheetz, Dallas, Tex., for Lowry.

Before WISDOM, JOLLY, and DAVIS, Circuit Judges.


PER CURIAM:

In this case, we are called upon to consider the Foreign Corrupt Practices Act of 1977 (hereinafter "FCPA"), 15 U.S.C. §§ 78dd-1, 78dd-2, and determine whether "foreign officials," who are excluded from prosecution under the FCPA itself, may nevertheless be prosecuted under the general conspiracy statute, 18 U.S.C. § 371, for conspiring to violate the FCPA.

We hold that foreign officials may not be prosecuted under 18 U.S.C. §...

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