Martin Flumenbaum and Brad S. Karp Holding the Line on the Foreign Corrupt Practices Act
In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss the court's ruling in 'United States v. Ho', which "silenced post-'Hoskins' speculation that the Second Circuit would continue to narrow the scope of FCPA liability."
February 23, 2021 at 12:30 PM
7 minute read
In United States v. Ho, 984 F.3d 191 (2d Cir. Dec. 29, 2020), the U.S. Court of Appeals for the Second Circuit refused an invitation to narrow the scope of the Foreign Corrupt Practices Act (FCPA). Two years ago, in United States v. Hoskins, 902 F.3d 69 (2d Cir. 2018), the Second Circuit ruled that the FCPA only applies to foreign nationals covered by the statute's specifically enumerated categories. In Ho, the defendant argued that Hoskins required a further narrowing of the statute, insisting that these enumerated categories were mutually exclusive and that it was inappropriate to convict him under two separate provisions.
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