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U.S. Appeals Court Narrows FCPA's Extraterritorial Reach But Beware - Enforcement Risk Remains

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30 August 2018

In a rare case of jurisdictional interpretation of the Foreign Corrupt Practices Act (the “FCPA”), the U.S. Court of Appeals for the Second Circuit recently narrowed the circumstances in which a non-U.S. person or company may be prosecuted under the statute.

In United States v. Hoskins, the Court ruled that the general criminal statutes regarding conspiracy and complicity cannot be used to extend the FCPA’s jurisdiction to a non-U.S. person.

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