On 3 January, an article from Jones Day for the Global Investigations Review addressed the 2 questions of whether US law applies to the conduct under investigation and whether US authorities can compel the production of evidence located abroad.  It says that, in a series of civil cases, the US Supreme Court has reasserted a presumption against the extraterritorial application of US statutes, with the important caveat that this is unless the particular law explicitly states it has exterritorial application.  However, it does say that there is uncertainty about how the Supreme Court’s aggressive application of the presumption against extraterritoriality applies to criminal prosecutions.  The article goes on to consider specific types of legislation, including RICO and wire fraud.


If you would like to make a (polite) gesture and make a (very) modest contribution to my ongoing with my relocation, removal and computer costs, I have a page at https://www.buymeacoffee.com/KoIvM842y

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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