United States v. Hoskins, No. 16-1010 (2d Cir. 2018)Annotate this Case
The Foreign Corrupt Practices Act (FCPA) defines precisely the categories of persons who may be charged for violating its provisions and states clearly the extent of its extraterritorial application. In this case, the Second Circuit held that the FCPA's carefully-drawn limitations did not comport with the government's use of the complicity or conspiracy statutes. Therefore, the court affirmed the district court's decision to bar the government from bringing the charge at issue. The court reversed the district court's holding on the Second Object of the Conspiracy because the government's intention to prove that defendant was an agent of a domestic concern placed him squarely within the terms of the statute and took the provision outside the court's analysis on the other counts.