A U.S. District Court has rejected the Justice Department’s attempt to assign FCPA liability to a foreign citizen based on the “accomplice liability” theory sketched out in DOJ’s public guidance.

On August 13, 2015, the U.S. District Court for the District of Connecticut in United States v. Lawrence Hoskins contradicted the DOJ’s public position to extend FCPA jurisdiction to non-resident non-U.S. citizens acting abroad, merely because of their assistance to Americans or U.S. companies that make corrupt payments to foreign officials.