... For the FCPA’s anti-bribery provisions to be implicated there must be “an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value” to a “foreign official” either directly or indirectly (more on that below).

Brainstorming or thinking about potential marketing plans in connection with a potential real estate project clearly does not fit the above description.

Moreover, even if it did, the “thing of value” offered, paid, promised, or authorized to the “foreign official” must be to:

“influenc[e] any act or decision of such foreign official in his official capacity, (ii) induc[e] such foreign official to do or omit to do any act in violation of the lawful duty of such official, or (iii) securing any improper advantage; or induc[e] such foreign official to use his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality

“in order to assist [the business organization] in obtaining or retaining business for or with, or directing business to, any person.”