Aisling O’Shea and Colin Missett Track Government Use of FCPA “Territorial Jurisdiction” Provision in The Anti-Corruption Report Article

April 18, 2018
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Aisling O’Shea and Colin Missett tracked the government’s use of the “territorial jurisdiction” provision of the FCPA, 15 U.S.C. § 78dd-3, over the years in an article titled “The History of Reach of dd-3 Jurisdiction and Lessons for Companies Investigating Potential Violations,” published in the April 18 edition of The Anti-Corruption Report. The article notes that dd-3 receives considerably less attention than the provisions governing issuers (§ 78dd-1) and domestic concerns (§ 78dd-2). However, in light of the government’s willingness to test the bounds of dd-3, and its use of dd-3 as a basis for recent resolutions in cases where the conduct at issue occurred largely outside the United States, the potential reach of dd-3 is worth renewed attention. Aisling and Colin considered whether recent use of the territorial jurisdiction provision suggests an enhanced or renewed focus on it and offered guidance as to how the potential scope of dd-3 may be taken into account when conducting internal investigations.