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Should Trump’s Foreign Policy Affect Criminal Prosecutions?

Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal.

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Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal. Allowing these foreign relations implications to influence the prosecutions of individuals would seem to violate our notions of fairness and due process. Because corporate criminal enforcement, however, is far more regulatory or policy-oriented in nature, foreign relations perhaps can be seen as a legitimate consideration in such criminal prosecution decisions.

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