Hoskins Provides an Opportunity for Judicial Determination of the FCPA’s Jurisdiction

According to the DOJ and SEC, the FCPA gives the government authority to regulate the extraterritorial behavior of foreign entities and nationals who have never stepped foot inside the United States.  In a guest post, Mara V.J. Senn and Brandie Weddle of Arnold & Porter LLP argue that, until now, the DOJ and SEC have been unchecked in the exercise of such authority over foreign entities and individuals.  However, one British national, Lawrence Hoskins, has asked the U.S. District Court for the District of Connecticut to rein in the DOJ and dismiss an indictment against him for actions he alleges occurred completely outside U.S. territory.  Senn and Weddle detail the arguments and potential ramifications of this case.  See also “How Broad Is the FCPA’s Reach Over the Acts of Foreign Nationals?” (Mar. 20, 2013).

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