Hoskins II Decision Claws Back DOJ Prosecutions Overseas

The acquittal of former Alstom executive Lawrence Hoskins stands, the Second Circuit recently said, holding that there was no evidence of an explicit or implied agency relationship between Hoskins – a foreign national who never set foot in the U.S. nor worked for an American company – and the company’s U.S. subsidiary, despite well-established coordination between Hoskins and the U.S. entity while orchestrating the bribe. A partial dissent from Judge Raymond Lohier flags two potential issues stemming from the ruling: the U.S.’ role in the OECD and how companies may start using clever corporate structure to limit personal liability for their executives. See “Exploring the Shift in the DOJ’s Prosecutorial Reach of Foreign Defendants” (Apr. 27, 2022).

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