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Recent developments suggest that the U.S. Department of Justice (DOJ) will continue to pursue extraterritorial criminal cases in connection with the government’s broader programmatic goals. For example, as the private sector works to implement sanctions recently imposed in response to Russia’s invasion of Ukraine, prosecutors will likely seek to investigate violations of those measures and efforts to evade them by foreign actors, including in the cybersecurity and cryptocurrency spaces. Foreign targets are also likely part of the “robust pipeline” of the Foreign Corrupt Practices Act (FCPA) cases referenced by senior DOJ official Nicholas McQuaid in January 2022. As DOJ looks abroad to support the Biden Administration’s national security and criminal justice objectives, the defense bar will continue to be called upon to advise foreign clients, with assistance from local counsel, on risks related to arrest and extradition (as well as the substance of the investigations). This article addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.
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DOJ’s Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
By Randy S. Grossman, Kareem A. Salem and Kayla LaRosa
DOJ’s Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
The State of Supreme Court Jurisprudence On Public Corruption
By Carrie H. Cohen and Allison M. Magnarelli
In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
Defending Against Extradition to the United States
By Robert J. Anello and Richard F. Albert
The arm of U.S. extradition law is long. Fortunately, practitioners have defenses at their disposal that they may raise in the requested country’s courts to help either limit the scope of prosecution once extradition occurs, or to prevent it altogether.
New DOJ Self-Disclosure Pilot Program Increases Risk for Startups
By Jonathan Fahey, Jonathan P. Lienhard and Oliver Roberts
The DOJ has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new development to best mitigate legal risks.