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Foreign Corrupt Practices Act International Law Regulation White Collar Crime

Impact of ‘Hoskins’ Cases on the FCPA and White-Collar Law

This article examines the impact of Hoskins on three issues of importance to white-collar practitioners: the scope of the FCPA; the interpretation of white-collar criminal statutes; and the authority of the district court to consider at the outset of a prosecution threshold questions of the reach of the law to foreign individuals.

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Under the Foreign Corrupt Practices Act (FCPA), it is unlawful to make a corrupt payment to a foreign government official in order to obtain or retain business. Enacted in 1977, the law prohibits bribery by, among others, U.S. “domestic concerns,” which includes U.S. companies and partnerships, and “officers, directors, employees, … agents, … or stockholders … acting on behalf of a domestic concern.” 15 U.S.C. §78dd-2.

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