Agency-Based FCPA Conviction Overturned

A Connecticut federal judge acquitted former Alstom SA (Alstom) executive Lawrence Hoskins on Foreign Corrupt Practices Act (FCPA) charges on Wednesday after determining that prosecutors failed to prove Hoskins was an agent of Alstom’s U.S. subsidiary, Alstom Power Inc. (API). In November 2019, a federal jury convicted Hoskins of FCPA and related money-laundering charges for bribing officials in Indonesia. Although the court upheld Hoskins’ money-laundering convictions, the court overturned Hoskins’ FCPA convictions, striking a blow to the Department of Justice’s (DOJ) expansive view of the extraterritorial reach of the FCPA under a novel agency theory.

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