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