The U.S. Justice Department continues to walk back from its earlier articulated position in an ongoing litigation matter that to be convicted under the U.S. FCPA anti-bribery provisions, an individual must be aware that the recipient of any bribe is an official of a foreign government. We reported in an earlier post that upper-level DoJ officials asked their line prosecutors to retrench on that articulation, and to argue instead (in proposed jury instructions) that the briber is not required to know the definition of a foreign official under the law or that the individual being bribed falls under that definition. According to the website Main Justice, this legal skirmishing "foreshadows a broader fight ... over the legal definition of a foreign official."