Archive | FCPA

Monday, August 27th, 2018

Second Circuit Limits Scope of Conspiracy Liability Under the FCPA

Today the Second Circuit issued an opinion holding that a non-U.S. citizen, employed by a foreign company, could not be prosecuted for conspiracy to violate the Foreign Corrupt Practices Act (FCPA). See United States v. Hoskins, No. 16-1010 (2d Cir. 2018) (Katzmann, Pooler, Lynch). The opinion is a statutory interpretation tour de force. Of course, the case does not necessarily present a factual scenario that attorneys will often encounter while representing indigent defendants. However, Judge Pooler’s analysis and methodology provide an excellent template for for those arguing for limitations on the scope of conspiracy liability in other contexts. The opinion is available¬†here.

The defendant in Hoskins does not fall within any of the categories of persons who are subject to prosecution under the FCPA. This fact did not, in itself, render him immune from prosecution for conspiracy to violate the statute. As a general principle, “[a]¬† person …


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Categories: conspiracy, FCPA, statutory construction, statutory interpretation

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