William & Mary Business Law Review


The scope of the Foreign Corrupt Practices Act (FCPA) is inherently difficult to ascertain. Over time, the SEC and DOJ have privately settled claims under the FCPA, leaving most interpretation to government agencies. Though agency interpretation happens frequently, there has been little interpretation over major questions such as who is subject to the FCPA’s jurisdiction and how far that jurisdiction extends. United States v. Hoskins, which was decided in August 2018, involved the FCPA, conspiracy, and foreign corporate officials. The Second Circuit in its decision subsequently limited the scope of the FCPA, holding that liability cannot extend to foreign persons who have never set foot in the United States or who do not fit within the categories set forth within the statute. Hoskins, a case of statutory interpretation, leaves many holes in our understanding of FCPA compliance and enforcement. This Note seeks to determine the implications the Second Circuit’s decision will have for future courts and defendants.