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Enforcing U.S. Business Crimes Abroad

Enforcing U.S. Business Crimes Abroad

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January 28, 2012

Leftists often insist—and quite rightly—that it is foolish for America to try to impose its political system on countries with fundamentally different cultures. But will they speak out against the American government’s increasing attempts to impose our legal system on countries with fundamentally different cultures? Michael Volkov (background here ) points out at his blog “Corruption, Crime & Compliance” just how far the U.S. invasion has gone.

Prosecution of Foreign Companies and Foreign Individuals

“One of the more interesting trends in FCPA [Foreign Corrupt Practices Act] enforcement is the DOJ’s willingness to prosecute foreign companies and individuals. Some may argue that DOJ needs to focus on US companies which engage in foreign bribery and leave the prosecution of foreign companies to foreign prosecutors in their respective countries. Foreign companies become even more concerned when it comes to the prosecution of foreign officers and employees who are required to serve prison time in US jails.

“This is not a new phenomena. In the criminal antitrust world, foreign companies and individuals have been prosecuted in the United States since the 1990s and no one has raised any significant complaints. . . . [But] the argument is harder to make in the anti-corruption front. What exactly is the US interest in making sure that a foreign company does not bribe foreign officials? This is a troubling question when the foreign company’s connection to the US may be limited to the use of US telephones, emails or other instrumentalities of commerce.”

Read the whole thing, as they say.

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