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Criminal Prosecution Bribery Appeals

WilmerHale

Second Circuit Decision Clarifies Scope of Honest Services Wire Fraud Statute

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On July 2, 2025, the U.S. Court of Appeals for the Second Circuit ruled in United States v. Lopez that foreign commercial bribery schemes fall within the ambit of the honest services wire fraud statute, 18 U.S.C. §...more

Bass, Berry & Sims PLC

Second Circuit Affirms Convictions in College Basketball Bribery Scandal

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On June 4, the U.S. Court of Appeals for the Second Circuit issued a decision upholding the bribery convictions of two defendants in the college basketball scandal that garnered a significant amount of media attention in...more

Cozen O'Connor

Notice of Appeal - Spring 2021

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Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more

McDermott Will & Emery

Second Circuit Asks Whether It Should Further Limit FCPA's Application

On March 11, 2020, the Second Circuit heard arguments in United States v. Chi Ping Patrick Ho, a case testing the reach of the Foreign Corrupt Practices Act (FCPA) much like the 2018 case United States v. Hoskins. And, once...more

White & Case LLP

United States v. Hoskins & Scoville v. SEC: DOJ & SEC extend their extraterritorial reach for FCPA & securities fraud charges

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The SEC and DOJ recently received positive news in two enforcement actions that had been challenged on grounds of extraterritoriality. These cases illustrate the ongoing judicial efforts to define the extraterritorial reach...more

The Volkov Law Group

Episode 116 -- Alstom Executive Convicted of FCPA and Money Laundering Offenses

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Lawrence Hoskins, a UK citizen and former Alstom executive, was convicted last Friday on 11 of 12 counts for his role in a bribery scheme involving Indonesian officials. Hoskins conviction took years to secure because of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Declines To Extend McDonnell’s ‘Official Acts’ Standard to FCPA Prosecutions

The U.S. Court of Appeals for the Second Circuit recently held that the heightened “official acts” standard for domestic bribery cases — announced by the U.S. Supreme Court in McDonnell v. United States — is inapplicable to...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - August 2019

ANTICORRUPTION DEVELOPMENTS - Telecommunications Company Fined $12 Million for FCPA Violations - On August 29, 2019, The Securities and Exchange Commission (SEC) instituted ceaseand-desist proceedings against...more

McDermott Will & Emery

Second Circuit Declines to Limit FCPA's Scope

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The Second Circuit’s decision in United States v. Ng Lap Seng is a win for the government, because it reinforces the broad reach and scope of the Justice Department’s enforcement of the FCPA. When adopting and implementing an...more

Eversheds Sutherland (US) LLP

The Second Circuit holds “Official Act” not required for FCPA cases 

On August 9, 2019, the US Court of Appeals for the Second Circuit upheld a Chinese real estate developer’s conviction in United States v. Ng Lap Seng. The Court rejected defendant’s attempt to read an “official act”...more

Dorsey & Whitney LLP

Second Circuit: Supreme Court’s McDonald Decision Does Not Delimit FCPA

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The bribery provisions of Exchange Act Section 30A are one of the three critical components of the Foreign Corrupt Practices Act. The other two are the books and records and the internal control requirements....more

Robinson+Cole Manufacturing Law Blog

Second Circuit Decision Rejects Expansion of Geographic Reach of FCPA

A Brief Overview of the FCPA - The Foreign Corrupt Practices Act (FCPA) is a federal statute that prohibits United States companies and individuals from bribing foreign government officials in order to gain or retain...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - August 2018

ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more

The Volkov Law Group

Court of Appeals Cuts Back Extraterritorial FCPA Jurisdiction Over Foreign Nationals

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The Justice Department’s attempt to assert broad jurisdiction over foreign nationals was rebuked in a recent US Court of Appeals decision in United States v. Hoskins....more

WilmerHale

Second Circuit Limits Government's Ability to Prosecute Foreign Persons and Companies for Conspiracy to Violate the FCPA

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On August 24, 2018, the United States Court of Appeals for the Second Circuit issued a significant ruling regarding the reach of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign companies and individuals in United...more

Bass, Berry & Sims PLC

Second Circuit Rejects DOJ Theories on FCPA Conspiracy and Jurisdictional Allegations

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In a much-anticipated decision, the U.S. Court of Appeals for the Second Circuit ruled Friday that the Foreign Corrupt Practices Act (FCPA) did not apply to a foreign national acting outside the United States without direct...more

Morrison & Foerster LLP

If I could turn back prosecutorial time...

The case of R v AIL, GH and RH, one of the first the Court of Appeal has considered in 2016, is an interesting one from the perspective of all white-collar crime practitioners. The Court of Appeal had to consider whether it...more

Seyfarth Shaw LLP

California Federal Courts Reiterate: Unless Computer Hacked, Computer Fraud and Abuse Act Permits Misuse Of Electronic Information

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In United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized...more

Williams Mullen

Public Officials Face Greater Scrutiny in Wake of McDonnell Decision

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Governor McDonnell’s attorneys put it this way: The Governor’s acts weren’t “official” because “none were any more remarkable than acts that governors unthinkingly take hundreds of times weekly for countless constituents,...more

Blank Rome LLP

Court Decisions in the U.S. and China Bolster Law Enforcement’s Ability to Prosecute Global Corporate Corruption

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On October 6, 2014, the United States Supreme Court declined to accept an appeal involving violations of the Foreign Corrupt Practices Act (“FCPA”)—the U.S. statute that criminalizes the bribing of foreign officials. The...more

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