Rare Guidance On FCPA’s Reach Over Foreign Nationals

Law360, New York (February 27, 2013, 2:55 PM EST) -- Two recent district court decisions have shed light on the reach and scope of the U.S. Foreign Corrupt Practices Act over foreign nationals: U.S. Securities and Exchange Commission v. Straub and SEC v. Sharef. For companies and individuals operating abroad, these cases provide rare judicial guidance on the reach of the FCPA’s anti-bribery and record-keeping provisions. Together, they reaffirm U.S. regulators’ long-standing position that the FCPA has broad applicability to foreign nationals, while also setting the outer limits of the civil scope of the FCPA. These...
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