In the case, U.S. v. Hoskins, a three-judge panel for the Court of Appeals for the Second Circuit on Aug. 24 unanimously held that a foreign national who does not otherwise fall under the specific categories of defendants described in the statute cannot be held liable under the theory that the foreign national acted as an accomplice or co-conspirator with a U.S. company or individual.
When asked about the broader implications of this decision, RK&O attorney Margot Laporte said "As one of the rare court opinions interpreting the FCPA, the Second Circuit’s decision in Hoskins suggests that, if challenged, the DOJ’s historically expansive assertion of jurisdiction over foreign companies and individuals may be circumscribed in the face of judicial scrutiny."
Ms. Laporte also noted that aside from the overall significance of the decision, it’s important to note that this is still the opinion of just one appellate court. “It doesn’t mean that every circuit will come out the same way if they considered this issue,” she said.
"Second Circuit ruling limits scope of FCPA liability" - Compliance Week