Latham & Watkins on Second Circuit Decision Reinforcing FCPA’s Jurisdictional Limits

On August 24, 2018, the United States Court of Appeals for the Second Circuit issued its long-awaited decision in United States v. Hoskins, rebuffing an attempt by the US Department of Justice (the Department, or DOJ) to expand the jurisdiction of the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) using the conspiracy and aiding-and-abetting statutes to reach individuals who otherwise cannot be prosecuted for violating the statute.

Background

The government alleged that Lawrence Hoskins, a non-US citizen employed by Alstom S.A.’s UK subsidiary, was part of a scheme to bribe Indonesian government officials to secure a US$118 … Read more