RK&O Client Alert: "Second Circuit Rejects DOJ’s Expansive FCPA Jurisdictional Theory"

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August 28, 2018

On August 24, 2018, the U.S. Court of Appeals for the Second Circuit dealt a blow to the U.S. Department of Justice’s ongoing efforts to expand the extraterritorial reach of the U.S. Foreign Corrupt Practices Act.  In United States v. Hoskins, the Second Circuit concluded that a non-resident foreign national who did not commit any acts in the United States, and is not otherwise subject to FCPA jurisdiction, cannot be prosecuted merely under the theory that the foreign national was an accomplice or co-conspirator with a U.S. entity or individual. 

In this client alert, RK&O attorneys Jeffrey Lehtman and Margot Laporte examine the implications of this decision and what this means for multinational companies and their executives. 

Click here to read the full client alert.