U.S. v. HOSKINS

Docket No. 16-1010-cr August Term, 2016.

902 F.3d 69 (2018)

UNITED STATES of America, Appellant, v. Lawrence HOSKINS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 24, 2018.


Attorney(s) appearing for the Case

SANGITA K. RAO , Department of Justice ( Michael J. Gustafson , First Assistant United States Attorney, Leslie R. Caldwell , Assistant Attorney General, David E. Novick , Assistant United States Attorney, Sung-Hee Suh , Deputy Assistant Attorney General, Andrew Weissmann , Chief, Fraud Section, Daniel S. Kahn and Jeremy Sanders , Attorneys, Fraud Section, on the brief), Washington, D.C., for Appellant United States of America.

CHRISTOPHER J. MORVILLO , Clifford Chance US LLP ( Daniel Silver and Benjamin Peacock , on the brief), New York, N.Y., for Defendant-Appellee Lawrence Hoskins.

IRA M. FEINBERG , Hogan Lovells US LLP ( Derek Musa , on the brief, New York, N.Y., for Amicus Curiae the New York Council of Defense Lawyers in support of Defendant-Appellee Lawrence Hoskins.

Jonathan Bach and Adam S. Gershenson , on the brief, Cooley LLP, New York, N.Y., for Amicus Curiae the New York Council of Defense Lawyers in support of Defendant-Appellee Lawrence Hoskins.

JUDGE LYNCH concurs in the opinion and files a separate concurring opinion.


In this case, we are asked to decide whether the government may employ theories of conspiracy or complicity to charge a defendant with violating the Foreign Corrupt Practices Act ("FCPA"), even if he is not in the category of persons directly covered by the statute.1 We determine that the FCPA...

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