Spring 2019_Note_Barcak_U.S. v. Hoskins.pdf

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No Conspiracy or Complicity Liability When a Statute Draws Specific Lines As to Its Extraterritorial Application

U.S. v. Hoskins, 902 F. 3d 69 (2nd Cir. 2018)

Spring 2019_Note_Barcak_U.S. v. Hoskins.pdf

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15 U.S.C. §78Dd-2 (Prohibition of Bribes by American Companies and Persons)15 U.S.C. §78Dd-3 (Prohibition of Foreign Persons Or Businesses Bribing While Present In The United States)Affirmative Congressional Intent Standard For Imposing Extraterritorial Jurisdiction Agency Relationship Requirement For Fcpa Liability Conspiracy Liability Doctrine: Conspiracy Can Be Charged Even If The Conspirator Cannot Be Charged As a Principal Under The Statute Extraterritorial Application Doctrine: a U.S. Law Applies Extraterritorially Only With Express Congressional Authorization Foreign Corrupt Practices Act Foreign Corrupt Practices Act (Fcpa)High Degree of Specificity Standard For Extraterritorial Application Oecd Convention on Bribery of Foreign Public Officials (1989)Principle That U.S. Law Is Not Applied Extraterritorially Unless Congress Expressly Intends To Do So

Spring 2019_Note_Barcak_U.S. v. Hoskins.pdf

108.1 KB•PDF Document•PDF