No. 19-1145

Ng Lap Seng v. United States

Lower Court: Second Circuit
Docketed: 2020-03-18
Status: Denied
Type: Paid
Experienced Counsel
Tags: bribery bribery-of-foreign-officials criminal-prosecution foreign-corrupt-practices-act international-organizations mcdonnell-v-united-states official-act quasi-sovereign-public-international-entities statutory-interpretation united-nations
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Whether the generic term 'organization' in §666 should be construed to include quasi-sovereign public international entities like the United Nations

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner Ng Lap Seng, a foreign national, was charged with bribing two foreign ambassadors to the United Nations to obtain “formal UN support” for a proposed UN conference center in Macau that Ng planned to build and donate to the UN for free. The government initially charged Ng under 18 U.S.C. §666, which criminalizes bribery of any agent of “an organization or ... a State, local or Indian tribal government” that receives federal funds. It then filed a superseding indictment that also charged Ng under the Foreign Corrupt Practices Act (FCPA). The Second Circuit affirmed Ng’s conviction under both statutes. As to §666, the Second Circuit held that the statutory term “organization” covers not only private organizations, but also quasi-sovereign public international bodies like the UN, despite the canon against construing generic terms to reach public bodies, Congress’ express coverage of intergovernmental entities in other Acts, and the obvious international comity concerns. And as to both statutes, the Second Circuit held that the “official act” limitation on federal bribery prosecutions that this Court recognized in McDonnell v. United States, 136 S. Ct. 2355 (2016), simply does not apply to §666 and the FCPA. The questions presented are: 1. Whether the generic term “organization” in §666 should be construed to include quasi-sovereign public international entities like the United Nations. 2. Whether McDonnell’s official act requirement applies to §666 and FCPA prosecutions like this one and, if so, whether it was satisfied here.

Docket Entries

2020-06-29
Petition DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-09
Reply of petitioner Ng Lap Seng filed. (Distributed)
2020-06-02
Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
2020-06-01
Brief of respondent United States of America in opposition filed.
2020-04-29
Motion to extend the time to file a response is granted and the time is further extended to and including June 1, 2020.
2020-04-28
Motion to extend the time to file a response from May 18, 2020 to June 1, 2020, submitted to The Clerk.
2020-04-13
Motion to extend the time to file a response is granted and the time is extended to and including May 18, 2020.
2020-04-10
Motion to extend the time to file a response from April 17, 2020 to May 18, 2020, submitted to The Clerk.
2020-03-16
Petition for a writ of certiorari filed. (Response due April 17, 2020)
2020-01-23
Application (19A704) granted by Justice Ginsburg extending the time to file until March 14, 2020.
2020-01-22
Application (19A704) to extend further the time from February 13, 2020 to March 14, 2020, submitted to Justice Ginsburg.
2019-12-23
Application (19A704) to extend the time to file a petition for a writ of certiorari from January 14, 2020 to February 13, 2020, submitted to Justice Ginsburg.
2019-12-23
Application (19A704) granted by Justice Ginsburg extending the time to file until February 13, 2020.

Attorneys

Ng Lap Seng
Paul D. ClementKirkland & Ellis LLP, Petitioner
Paul D. ClementKirkland & Ellis LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent