Implications of Second Circuit Ruling on Fugitive Disentitlement

Historically, the "fugitive disentitlement" doctrine has foreclosed challenges to criminal charges by a defendant who does not physically submit to a U.S. court's jurisdiction. As a consequence, to make even threshold challenges to an indictment, a defendant who lives abroad must leave home, waive the right to oppose extradition, and risk pre-trial detention in the United States.

10 minute read December 01, 2021 at 12:03 AM
By
Elkan Abramowitz and Jonathan S. Sack
Implications of Second Circuit Ruling on Fugitive Disentitlement

The practice of white-collar criminal law has become increasingly global in nature. Federal prosecutors now often prosecute individuals for acts that take place in many countries and have global effects.

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