To prosecute a non-US entity or foreign national for conspiracy to violate the FCPA, the DOJ must prove beyond a reasonable doubt:

  1. an agreement between two or more persons to commit a criminal act;
  2. the defendant’s knowing and willful participation in the agreement;
  3. the commission of an overt act in furtherance of the agreement by any party to the conspiracy; and
  4. a jurisdictional nexus.1  For more on this requirement, see here.

Conspiracy charges are attractive to prosecutors because:

  • the five-year statute of limitations period does not begin until the commission of the last overt act in furtherance of the conspiracy, and
  • each member of a conspiracy is liable for the acts of all co-conspirators.2  


1 18 USC § 371.

2 Fiswick v. United States, 329 U.S. 211, 216-17 (1946). 


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