Episode 245 – Second Circuit Affirms Trial Judge’s Dismissal of FCPA Counts Against Alstom Executive

The Second Circuit Court of Appeals affirmed the district judge’s post-conviction dismissal of FCPA counts against Lawrence Hoskins, a former Alston executive, for his involvement in a bribery scheme to secure a $118 million energy contract in Indonesia. The Hoskins FCPA case has had a long and tortious path through the court system. The Second Circuit’s decision, which was decided by a 2-to-1 majority, ended with a fractured court decision that raised more questions than provided answers. The majority decision appeared to reflect a pre-ordained decision searching for legal and factual arguments to support the resolution. Indeed, the dissent presented a cogent and more defensible position. In this episode, Michael Volkov reviews the Second Circuit’s decision.

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