On February 26, 2020, Judge Janet Bond Arterton, a federal judge for the District of Connecticut, overturned a former Alstom SA executive’s conviction under the Foreign Corrupt Practices Act (FCPA) relating to a project to build power plants in Indonesia. Judge Arterton found that, despite a jury verdict to the contrary, prosecutors failed to prove that Lawrence Hoskins, a British national who never set foot in the United States, was an agent of Alstom SA’s U.S. subsidiary subjecting him to liability under the FCPA. This case has been closely watched for its implications on Department of Justice’s (DOJ’s) and Securities & Exchange Commission’s (SEC’s) — the US regulators that enforce the FCPA — prosecutorial and extraterritorial reach.
‘Enforcement 40’ for 2020
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