by Ronald Machen, Kimberly Parker, Jay Holtmeier, Erin Sloane, Chavi Keeney Nana, Cadene Brooks, and Kelsey Quigley

Two recent rulings in separate foreign bribery cases highlight the continued impact of individual prosecutions on the interpretation of various provisions of the Foreign Corrupt Practices Act (FCPA). In United States v. Coburn, the government prevailed in its interpretation of the proper “unit of prosecution,” while a recent district court ruling in United States v. Hoskins further constrained the Department of Justice’s (DOJ) ability to prosecute foreign nationals acting outside of the United States. Where higher courts land on the outcome of both of these questions could impact the DOJ’s FCPA charging strategies going forward. Continue reading →