DOJ Is Losing The Battle To Prosecute Foreign Executives
Law360, New York ( March 3, 2015, 10:40 AM EST) -- The U.S. Department of Justice appears to be losing the battle to prosecute foreign executives who refuse to plead guilty. Statistics from the DOJ's ongoing, five-year-long investigation into cartel conduct in the auto parts industry reveal that foreign executives are far less likely to agree to plead guilty than United States-based executives, and that those foreign executives who are indicted almost uniformly refuse to submit to United States jurisdiction.[1] The DOJ has yet to extradite a single executive in the auto parts investigation who refuses to voluntarily enter the United States to face charges. As a result, foreign executives from certain countries — particularly in Asia — who refuse to plead guilty may be beyond the reach of United States prosecutors....
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