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Litigation White Collar Crime

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.

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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. These cases raise a number of significant legal issues, including whether the charges rest on an improper extraterritorial application of U.S. law.

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