Week 2 Case Brief

Week 2 Case Brief

Text page – 223 – Case 7.1

* Style of Case and Citation:

U.S. v Kay (American Rice, Inc.) 359 f.3d 738(5th Cir. 2004)

* Court Rendering Final Decision:

U.S. Supreme Court

* Identification of Parties and Procedural Details: Who is the Plaintiff? Who is the Defendant? What is the cause of action? Who prevailed in lower court? Who is appealing to what court?

Plaintiff – U.S.

Defendant – Kay

U.S. is suing Kay (American Rice, Inc.) of FCPA violations. They were charged 12 counts but District court dismissed the charges. U.S. is appealing to the appellant court.

* Discussion of the Facts: Who did what to whom? What relief is being sought?

Kay and other employees paid bribes to custom officials in Haiti so they would keep quiet about the true amount of rice that ARI was importing into and being sold in Haiti. With lying on their documents, ARI was saving a lot of sale taxes. U.S. claims that they were violating FCPA, any unlawful payments to a foreign official.

* Statement and Discussion of the Legal Issues in Dispute: What decision of the lower court is being challenged? What specific legal questions is the subject court being asked to address? Is the question about Common-Law? A Statute?

Kay (ARI) was charged by a grand jury of 12 counts of FCPA violations. They asked for a dismissal of those charges, arguing that their actions were to stay in business. The district court dismissed the charges but the U.S. appealed.

* Subject Court Final Decision: For Plaintiff? For Defendant? What happens next?

For U.S., appellate court reversed their decision and remanded.

* Summary of This Final Court’s Reasoning: What is the legal basis for the court’s decision? Be sure to include relevant Dissenting Opinions.

The appellate court found that bribes are considered unlawful payments and this case; it was used to pay foreign officials, which is a FCPA violations.

* Business Impact of...