News & Analysis as of

Alstom Foreign Nationals

WilmerHale

Second Circuit Limits Reach of FCPA’s Anti-Bribery Provisions Charged Under Agency Principles

WilmerHale on

On August 12, 2022, the US Court of Appeals for the Second Circuit issued another decision in a long-running criminal action that holds significant implications for the reach of the US Foreign Corrupt Practices Act (FCPA)...more

Foley Hoag LLP

Second Circuit Affirms FCPA Acquittal of Former Alstom Executive

Foley Hoag LLP on

On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins...more

Polsinelli

District Court Sets Parameters of Agency Liability for Foreign Nationals in FCPA Prosecutions

Polsinelli on

Recently, the United States District Court for the District of Connecticut issued its order in United States v. Hoskins, vacating a jury’s November 2019 conviction of a foreign entity’s executive for violating the Foreign...more

McDermott Will & Emery

District Court Judge Highlights FCPA's Limits

A recent US District Court for the District of Connecticut decision reveals the practical limits of the Foreign Corrupt Practices Act (FCPA) in cases involving foreign nationals, foreign conduct and complex multinational...more

Eversheds Sutherland (US) LLP

Hoskins escapes FCPA convictions while money laundering convictions remain

On February 26, 2020, the US District Court for the District of Connecticut reinforced the Second Circuit’s recent decision to limit prosecutors’ ability to pursue Foreign Corrupt Practices Act (FCPA) charges against foreign...more

Snell & Wilmer

District Court Issues Key Ruling on FCPA Definition of “Agent” for Purposes of Foreign Nationals

Snell & Wilmer on

On February 26, a federal district court in Connecticut acquitted the defendant in United States v. Hoskins on all counts related to the Foreign Corrupt Practices Act (“FCPA”). A jury had previously found the defendant guilty...more

A&O Shearman

Judge Grants Post-Trial Acquittal On FCPA Counts

A&O Shearman on

On February 26, 2020, a federal judge in Connecticut granted, in part, defendant Lawrence Hoskins’s post-trial motion for acquittal on seven counts relating to violations of the Foreign Corrupt Practices Act. United States v....more

BCLP

Judge Overturns FCPA Conviction on Lack of Evidence of Agency

BCLP on

In a closely followed case, on February 26, 2020, a District Court Judge in Connecticut granted Lawrence Hoskins’ motion for acquittal on the seven FCPA counts on which the jury convicted him. Hoskins was a UK citizen who...more

Cozen O'Connor

Court Reverses Foreign National’s FCPA Conviction, Setting a High Bar to Establish an Agency Relationship

Cozen O'Connor on

A ruling issued on Wednesday, February 26 by a Connecticut federal court details the type of control necessary to find that a foreign national acted as an agent of a U.S. domestic concern for purposes of falling within the...more

Barnea Jaffa Lande & Co.

United States: Enhanced Enforcement Policy regarding Anti-Corruption and Bribery Law on Non-US Citizens and Companies

Last November, a Connecticut jury convicted Mr. Hoskins on six counts of bribing a foreign public official under the Foreign Corrupt Practices Act (FCPA), and on three counts of money laundering. This is an important red...more

Robinson+Cole Manufacturing Law Blog

Second Circuit Decision Rejects Expansion of Geographic Reach of FCPA

A Brief Overview of the FCPA - The Foreign Corrupt Practices Act (FCPA) is a federal statute that prohibits United States companies and individuals from bribing foreign government officials in order to gain or retain...more

Troutman Pepper

Second Circuit Limits Extraterritorial Application of FCPA

Troutman Pepper on

On August 24, the U.S. Court of Appeals for the Second Circuit issued a decision that announced a new and important limitation on the application of the Foreign Corrupt Practices Act (FCPA)....more

The Volkov Law Group

Court of Appeals Cuts Back Extraterritorial FCPA Jurisdiction Over Foreign Nationals

The Volkov Law Group on

The Justice Department’s attempt to assert broad jurisdiction over foreign nationals was rebuked in a recent US Court of Appeals decision in United States v. Hoskins....more

WilmerHale

Second Circuit Limits Government's Ability to Prosecute Foreign Persons and Companies for Conspiracy to Violate the FCPA

WilmerHale on

On August 24, 2018, the United States Court of Appeals for the Second Circuit issued a significant ruling regarding the reach of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign companies and individuals in United...more

Latham & Watkins LLP

Second Circuit Reinforces FCPA’s Jurisdictional Limits

Latham & Watkins LLP on

Ruling holds that the government cannot use conspiracy and accomplice liability theories to reach foreign nationals that lack US ties. Key Points: ..Non-resident foreign nationals who are not otherwise subject to direct...more

Eversheds Sutherland (US) LLP

Shortening the long arm of the law - the Second Circuit limits the extraterritorial reach of the Foreign Corrupt Practices Act

On August 24, 2018, the US Court of Appeals for the Second Circuit in United States v. Hoskins rejected the government’s broad reading of the Foreign Corrupt Practices Act (FCPA) and ruled that a foreign national without ties...more

Proskauer - Corporate Defense and Disputes

Second Circuit To Determine Whether Artful Pleading Can Extend FCPA Jurisdiction

Prosecutors in the District of Connecticut have appealed a district court’s ruling that conspiracy and aiding and abetting charges cannot be used to extend the FCPA’s jurisdictional reach. The FCPA has three...more

WilmerHale

Federal Judge Rejects DOJ’s Theory of FCPA Accomplice Liability

WilmerHale on

On August 13, 2015, a US district judge dismissed a charge seeking to hold a defendant criminally liable for conspiracy to violate the Foreign Corrupt Practices Act (FCPA) if he is not a principal or agent of a US domestic...more

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