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Should the United States Be Doing This?
A decision earlier this year on a motion to dismiss the complaint filed by the defendants in the case entitled Security and Exchange Commission v. Elek Straub et al. sustains the global reach of the Foreign Corrupt Practices Act (FCPA), 15 U.S.C. ' 78dd-1. (See Andrew M. Levine et al.: Strauss/Steffen, District Court Personal Jurisdiction and U.S.-Nexus Rulings, Business Crimes Bulletin, September 2013, available at http://bit.ly/GRl0n8.)
The complaint at issue details that, in 2005, executives of a Hungarian telecommunications company conspired with a Greek intermediary to bribe officials of the Macedonian government. Where is this matter of international intrigue being heard? Budapest? Athens? Skopje? None of the above. Instead, the case is pending in our own backyard, in the United States District Court for the Southern District of New York.
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