This advanced, practice-focused seminar examines one of the most critical and complex aspects of anti-corruption enforcement: jurisdiction in FCPA investigations. The Foreign Corrupt Practices Act (FCPA) is applied aggressively to foreign entities and conduct, often based on minimal connections to the United States, making jurisdictional analysis a central battleground in enforcement actions.
The course focuses on how prosecutors establish jurisdiction—and how defense counsel challenges it—in real-world investigations involving multinational corporations, financial institutions, and foreign executives. Students will analyze jurisdictional triggers such as use of the U.S. financial system, issuer status, agency relationships, and acts in furtherance of bribery schemes.
The seminar emphasizes practical legal strategy, including investigation planning, cross-border evidence gathering, negotiating with regulators, and managing conflicts with foreign law. It treats jurisdiction not as abstract doctrine, but as a decisive strategic lever that can determine the outcome of enforcement actions.
This course assumes prior study of criminal law, international law, or corporate compliance.
Course Objectives
By the end of the course, students should be able to:
1. Identify jurisdictional triggers under the FCPA.
2. Analyze how U.S. authorities assert jurisdiction over foreign actors.
3. Evaluate defense strategies challenging jurisdiction.
4. Understand extraterritorial application of anti-corruption laws.
5. Navigate cross-border investigative challenges.
6. Assess risks for multinational corporations and executives.
7. Analyze conflicts between U.S. and foreign legal systems.
8. Develop strategic approaches to managing jurisdictional exposure.
9. Advise clients during multi-jurisdictional investigations.
10. Apply legal principles to real-world enforcement scenarios.
