Limits Of FCPA Jurisdiction Over Foreigners After Hoskins

Law360 (April 10, 2020, 6:01 PM EDT) -- Imagine you are the CEO of a non-U.S. company — a Swiss bank, say, or a Brazilian oil services company or Korean infrastructure builder. You’ve seen the eye-popping penalties the U.S. government (sometimes in concert with authorities abroad) has recently imposed on other foreign companies for violating the Foreign Corrupt Practices Act.[1]

Your company is neither incorporated nor headquartered in the U.S., nor do its shares trade on a U.S. exchange. You want to know: when is my company (and when am I personally) in danger of being prosecuted under the FCPA?

Though the outer boundaries of FCPA jurisdiction over foreign...

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