Exploring the Shift in the DOJ’s Prosecutorial Reach of Foreign Defendants

Since United States v. Hoskins, the United States Court of Appeals for the Second Circuit has signaled its intent to limit the DOJ’s ability to prosecute foreign nationals for misconduct that allegedly took place outside U.S. borders. Other recent federal decisions, including in United States v. Daisy T. Rafoi-Bleuler and United States v. Bescond, point to a drumbeat consistent with that of U.S. v. Hoskins, and further reveal an inclination toward limiting the American prosecutorial reach against foreign nationals. In a guest article, Kobre & Kim attorneys Evelyn B. Sheehan and Carolina Leung discuss how, subject to certain conditions, foreign nationals may now defend themselves against extradition to U.S. courts without being physically present in the U.S., and how this further translates into a significant expansion of due process for foreign nationals, who were historically required to come to the U.S. to defend themselves. See “Rafoi-Bleuler Decision Narrows Agency and Jurisdiction Under FCPA and the MLCA” (Dec. 15, 2021).

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