Court Finds FCPA's "Interstate Commerce" Requirement Satisfied by Foreign Emails That Touched U.S. Servers

11 February 2013
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Key takeaways 

  • In last Friday's decision denying the defendants' motion to dismiss SEC v. Straub, Judge Sullivan of the Southern District of New York ruled that emails sent to and from locations outside the U.S., but routed through or stored on U.S. network servers, satisfied the "interstate commerce" requirement for application of the FCPA to the conduct of non-U.S. officers of U.S.-registered foreign private issuers. 
  • The court also exercised personal jurisdiction over the non-U.S. officers, and found that the applicable statute of limitations did not run while they were not physically present in the U.S. 
  • The decision casts a wide extra-territorial net for non-U.S. officers of foreign-private issuers whose overseas conduct in furtherance of corrupt payments has a minimal U.S. nexus.