By Alexander Diamond
In a
proceeding related to the Department of Justice’s prosecution of Alstom, a
French-based energy company that paid 722 million dollars worth of fines after
accusations of corrupt activity worldwide, the DOJ
pursued charges against Lawrence Hoskins, a British citizen working with
the company in France. Although Hoskins had never lived in the United States
and was not accused of furthering any corrupt scheme within United States
territory, the DOJ argued that personal jurisdiction existed under accomplice
liability theory, as explained in the DOJ’s FCPA guidance policy since 2012. However,
the U.S. District Court of Connecticut read the FCPA as prohibiting charges
against foreign nationals as Congress chose not to include them within the
definition of “domestic concerns” subject to liability (for individuals, the
definition entails only citizens, nationals and residents). Although higher
courts have not yet reached this issue, the scant case law defining the scope
of the FCPA means this ruling could affect DOJ prosecution of foreign citizens
for years to come.
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