Upheld ex-Alstom exec’s acquittal affirms ‘setback’ for FCPA’s reach
By 
Jaclyn Jaeger2022-09-01T15:04:00
A Foreign Corrupt Practices Act case that has been the center of a back-and-forth court battle for nearly a decade appears to have come to an end, giving chief compliance officers and in-house counsel at least some degree of finality regarding the jurisdictional scope of the FCPA.
In United States v. Hoskins, a divided three-judge panel for the U.S. Court of Appeals for the Second Circuit held on Aug. 12 the foreign national at the heart of the case had not acted as an “agent of a domestic concern” and thus fell outside the extraterritorial reach of the FCPA.
The underlying dispute concerned FCPA charges brought by the Department of Justice (DOJ) in 2013 against Lawrence Hoskins, a U.K. citizen and former senior executive at the British subsidiary of French power and transportation company Alstom.
Related articles
-
ArticleABB avoids DOJ monitor, to pay $327M over South African bribes
ABB agreed to pay $327 million in penalties to settle coordinated charges it paid bribes to win South African energy contracts. The company entered into a three-year deferred prosecution agreement with the DOJ for violations of the Foreign Corrupt Practices Act.
-
ArticleSEC order against recidivist Oracle skirts the issue
The most notable and relevant details in settlement agreements concerning regulatory compliance violations are often what is not stated. The SEC’s cease-and-desist order against Oracle over violations of the Foreign Corrupt Practices Act is no exception.
-
ArticleReport: Global anti-bribery enforcement levels hit record low
Only the United States and Switzerland can be considered “active enforcers” in tackling foreign bribery, while countries like the United Kingdom and Israel have taken a step back, according to the latest report from Transparency International.
More from Regulatory Enforcement
-
ArticleFormer startup CEO gets 7 years in prison for $175M fraud against JPMorgan Chase
Charlie Javice, a former CEO who duped JPMorgan Chase into purchasing her start up company for $175 million, has been ordered to forfeit more than $22 million by the Department of Justice (DOJ) and to spend 7 years in jail.
-
ArticleGeorgia Tech to pay $875,000 for allegations brought by compliance officers
Georgia Tech Research Corp. (GTRC) has agreed to pay $875,000 to settle allegations first raised by two compliance officers that its cybersecurity protocols violated acceptable standards for defense contractors, the Department of Justice (DOJ) said.
-
ArticleTractor Supply Company hit with $1.35M fine for alleged California privacy violations
Tractor Supply Company has agreed to get into compliance with California’s consumer privacy law and to pay a $1.35 million fine—the largest yet by California—to settle allegations it violated the privacy rights of customers and job applicants.