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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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Strategy vs. Tactics: Two Sides of a Difficult Coin
By Emil Sayegh
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.
How Will Courts Determine Business Expense Legitimacy Under SEC’s New Disgorgement Authority?
By Jorge deNeve, Michael Simeone and David Cohen
Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.
Mutual Legal Assistance Treaties Are Best Option for International Subpoenas
By Lanier Saperstein and Samuel Hickey
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
Government Secret Recording of Interviews Rarely In Best Interests of Witness
By Joel Cohen
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
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