In addition to the substantive elements of an anti-bribery violation, the government must establish a jurisdictional nexus between the United States and the covered person or charged conduct. This requires proof that:
- the conduct was committed by a “US person,” a US citizen or national, or entity organized under the laws of the US;
- the covered person used the US mail or other means or instrumentality of interstate commerce in furtherance of the corrupt payment; or
- the covered person acted in furtherance of the corrupt payment while in the territory of the US.1
The government can only pursue charges under a secondary theory of liability against persons otherwise covered by the statute.2
1 15 USC §§ 78dd-1(g), 78dd-2(i) (US person); 15 USC §§ 78dd-1(a), 78dd-2(a), 78dd-3(a) (use of US mails or other means or instrumentality of interstate commerce); 15 USC § 78dd-3(a) (acts while in the US).
2 United States v. Hoskins, 902 F.3d 69, 97 (2d Cir. 2018).