Joel Esquenazi and Carlos Rodriguez, former telecommunications executives convicted of FCPA violations for paying kickbacks to employees of the Haitian state telecommunications company, Telecommunications D’Haiti S.A. (“Haiti Telco”), filed a petition for certiorari. United States v. Esquenazi, 752 F.3d 912 (11th Cir.),petition for writ of cert. filed by Defendant-Appellant, No. 14-189 (U.S. Aug. 14, 2014).  They urged the Supreme Court to review the Eleventh Circuit’s holdings that Haiti Telco is an “instrumentality” of the Haitian government for purposes of the FCPA, and that its employees are foreign officials.  The FCPA-related “questions presented” are whether the Eleventh Circuit’s definition of “instrumentality” as “an entity controlled by the government of a foreign country that performs a function the controlling government treats as its own”:  (1) fails to satisfy the constitutional requirement of adequate notice of what specific conduct violates the FCPA; and (2) is erroneously derived from commentary to an unrelated treaty (the Organization for Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public officials in International Business Transactions) that post-dates the FCPA’s enactment.