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The FCPA and Personal Jurisdiction over Foreign Nationals Residing Outside The U.S.

By Andrew M. Levine, Bruce E. Yannett, Steven S. Michaels and Scott N. Auby
September 24, 2013

In last month's issue we discussed one of two recent decisions in which U.S. District Court judges considered this question: When may foreign nationals residing continuously outside the United States be prosecuted on civil Foreign Corrupt Practices Act (FCPA) charges by the Securities and Exchange Commission (SEC), taking into account the due process “fair play and substantial justice” requirements of International Shoe v. Washington, 326 U.S. 310 (1945)? The two judges ' Judge Richard J. Sullivan in SEC v. Straub, 11-CV-9645 (RJS), 2013 WL 466600 (S.D.N.Y. Feb. 8, 2013), and Judge Shira A. Scheindlin in SEC v. Steffen, 11-CV-9073 (SAS), 2013 WL 603135 (S.D.N.Y. Feb. 19, 2013) ' came to very different conclusions on the issue. We turn now to the Steffen case.

The Decision in Steffen

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