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Coming to the States?
The long arm of U.S. jurisdiction generates a number of worries for counsel advising foreign businesses and executives who may be “of interest” to authorities here. One such worry is the status of foreign nationals entering the United States on business during the course of a criminal or civil investigation. While we all wish our foreign clients might heed our advice that it's best to stay home, reality is never so easy.
What specific advice should you give to your foreign business clients whose powerful executives insist on coming over in spite of an ongoing investigation? Let's assume the typical case where the state of the investigation indicates no risk that the executive might actually be arrested and charged. Your specific concerns are now with potential jurisdiction-conferring legal process and, as a worst case, possible arrest as a material witness.
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