New FCPA Decision Limits DOJ’s International Reach

May 5, 2020Business Crimes Bulletin

In recent years, we have seen the Department of Justice (DOJ) expand its international focus, as it looks to punish foreign nationals, often for conduct that occurred almost entirely outside of the territorial borders of the United States, such as in the Libor and FX benchmark cases. See, United States v. Allen, 864 F.3d 63, 90 (2d Cir. 2018) (reversing conviction where compelled testimony in the United Kingdom was used against the defendants, both UK nationals, who were “hale[d] … into the courts of the United States to fend for their liberty”); United States v. Hayes, 118 F. Supp. 3d 620, 628-29 (S.D.N.Y. 2015) (prosecution of Swiss and UK nationals in U.S. courts where crime involved U.S. wire communications).

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