Second Circuit Decision Limits the Extraterritorial Reach of the Foreign Corrupt Practices Act

Second Circuit Decision Limits the Extraterritorial Reach of the Foreign Corrupt Practices Act


By: Joshua D. Roth, Justin J. Santolli, Jasen T. Fears

On August 24, 2018, the United States Court of Appeals for the Second Circuit issued its much-awaited decision in United States v. Hoskins, 2018 U.S. App. LEXIS 23963 (2d Cir. 2018), which addressed important issues regarding the extraterritorial reach of the Foreign Corrupt Practices Act (the “FCPA”).  In Hoskins, the Second Circuit addressed an appeal by the Department of Justice (“DOJ”) of a District of Connecticut decision that rejected the DOJ's attempt to use aiding and abetting and conspiracy theories to prosecute a foreign national (who neither lived nor engaged in any alleged conduct in the United States) for violating the FCPA.

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