Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
FIFA Decision Confirms Long Arm of Honest Services Fraud
The U.S. government's lead role in the prosecution of corruption within the Zurich, Switzerland-based Fédération Internationale de Football Association (FIFA) may be a paradigmatic example of U.S. law enforcement acting as the world's policeman, reaching out around the globe to prosecute wrongdoing with little apparent connection to the land of baseball, hot dogs and apple pie. Didn't the Supreme Court remind everyone just a few years ago that U.S. statutes are presumed only to apply domestically? If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive's home country?
The Second Circuit answers these questions in its recent decision in United States v. Napout, 963 F.3d 163 (2d Cir. 2020), affirming the convictions of Juan Angel Napout, the former president of Paraguay's national soccer federation, and Jose Maria Marin, the former head of the Brazilian national soccer federation. In doing so, the decision joins a long line of authority illustrating that as long as the scheme entails some use of the U.S. banking system, the Department of Justice can venture broadly indeed to prosecute foreign nationals under U.S. criminal law for conduct that appears predominantly foreign in locus and effect, with little regard for whether that conduct would violate the criminal laws of their home country.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.