By Brad Karp, Mark Mendelsohn, Alex Oh and Michael Gertzman (August 29, 2018, 2:54 PM EDT) -- On Aug. 24, 2018, the Second Circuit held in United States v. Hoskins that a foreign national who does not otherwise fall within the specific categories of defendants enumerated in the Foreign Corrupt Practices Act cannot be held liable for violating the FCPA under accomplice liability theories.[1] Stating that the FCPA does not "purport[] to rule the world," the Second Circuit held that the U.S. Department of Justice cannot skirt the FCPA's "carefully drawn limitations" by relying on conspiracy and aiding and abetting theories of liability[2] to assert jurisdiction over foreign nationals who are solely acting abroad and otherwise fall outside the categories of persons liable under the FCPA. The court reaffirmed, however, that a foreign national acting as an agent of a U.S. issuer or domestic concern — which is a specific category of defendants in the FCPA — may be liable even without engaging in criminal activity in the territory of the U.S. While Hoskins involved an individual foreign defendant, the Second Circuit's decision has implications for foreign corporations, which are also covered by the FCPA.[3] This case has been long-anticipated for its potential to proscribe the reach of the FCPA to foreign actors,[4] and will provide greater clarity to foreign companies that are trying to determine whether to take advantage of the DOJ's FCPA corporate enforcement policy.[5]...