Davis Polk Discusses Acquittal of Ex-Alstom Executive on FCPA Charges

On February 26, a long-running legal battle over the scope of the Foreign Corrupt Practices Act (“FCPA”) took another turn when a federal trial court judge ordered that former Alstom executive Lawrence Hoskins be acquitted of the FCPA charges against him.

Hoskins was initially charged in 2013, but during the course of pre-trial litigation, the U.S. Court of Appeals for the Second Circuit ruled that a nonresident foreign national like Hoskins cannot be found liable for violating the anti-bribery provisions of the FCPA under conspiracy or accomplice theories if he could not otherwise be held directly liable under the statute.  … Read more