US V. Vassiliev — Some Foreign Bribery Is Beyond US Reach
Law360, New York ( May 18, 2015, 4:22 PM EDT) -- Whether you are a foreign company with little or no connection to the United States, or a U.S. parent company with subsidiaries throughout the world, you have likely been following with concern the U.S. government's expansive view of its jurisdiction under the Foreign Corrupt Practices Act as well as other U.S. laws. A recent decision limiting the reach of U.S. anti-bribery laws, not including the FCPA, confirms that the courts will rein in expansive enforcement efforts if extraterritoriality requirements for jurisdiction are lacking. The court in U.S. v. Vassiliev[1] held that it did not have jurisdiction over allegations related to a foreign bribery scheme occurring in Canada and executed by individuals having no ties to the United States. In dismissing the indictment, the court criticized the government for attempting to prosecute alleged criminal activity having virtually no contact to the United States, save connection to a partially U.S.-supported United Nations agency.[2]...
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