CEP Magazine (January 2020)
After years of appeals and a two-week trial, a jury found former Alstom SA executive Lawrence Hoskins guilty of six counts of violating the Foreign Corrupt Practices Act (FCPA),[1] three counts of money laundering, and two counts of conspiracy.[2] The decision will have broad implications for FCPA enforcement going forward.
Because Hoskins is a citizen of the United Kingdom living in France, his lawyers argued that DOJ prosecutors could not charge him with FCPA offenses under the law. Hoskins could therefore only be charged as “an agent of a domestic concern.” The DOJ went forward and indicted him on that account, and a jury found him guilty. The conviction upholds the US government’s stance that conspiracy and aiding and abetting statutes in US law allow prosecutors to pursue individuals who are not US citizens and not working or living within the US.
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