The U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Department of Justice cannot compel casino owner and real estate developer Stephen Wynn to register as a foreign agent for past lobbying activities on behalf of China. In a decision penned by Judge Patricia A. Millett, the court highlighted that Wynn had ceased acting as a foreign agent years ago and therefore holds no current obligation to register under the Foreign Agents Registration Act (FARA).
Judge Millett, referencing the D.C. Circuit’s 1987 precedent in United States v. McGoff, stated, “Because Wynn’s duty to register ended almost seven years ago, McGoff dictates that there is no legal basis for the government to compel him to register now, and the district court properly dismissed the case.” The ruling upholds the earlier decision of a lower court which had dismissed the government’s suit for failing to state a claim.