International Law,
Criminal,
Corporate,
Administrative/Regulatory
Sep. 5, 2018
Appellate ruling curtails FCPA accomplice, conspiracy liability
The 2nd Circuit recently ruled that the Foreign Corrupt Practices Act does not apply to nonresident foreign nationals, acting outside American territory, who lack an agency relationship with a U.S. person or company and are not officers, directors, employees or stockholders of American companies.
Nathan J. Hochman
Partner
Ross LLP
white collar defense, tax
Phone: 424-704-5600
Email: nhochman@rossllp.la
Nathan is the former head of the U.S. Department of Justice's Tax Division, a former assistant U.S. attorney, and deputy chair of Morgan Lewis' White Collar Litigation and Government Investigations practice.
In a decision that is likely to resonate across various U.S. government enforcement efforts, the 2nd U.S. Circuit Court of Appeals recently ruled that the Foreign Corrupt Practices Act does not apply to nonresident foreign nationals, acting outside American territory, who lack an agency relationship with a U.S. person or company and are not officers, directors, employees or stockholders of American companies.
In a 73-page opinion in ...
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