US COURTS ADDRESS “FUGITIVE DISENTITLEMENT”: POTENTIAL GAME CHANGER FOR FOREIGN-BASED DEFENDANTS FACING US CHARGES

On 30 August, an article from DLA piper starts by pointing out that, in recent years, US prosecutors have increasingly pushed the envelope in bringing criminal charges against non-US professionals who live and work abroad and who may have never set foot in the UnUS, including for alleged violations of the FCPA, trade sanctions, the antitrust laws, and other statutes and regulations with extraterritorial implications.  Typically, pursuant to the fugitive disentitlement doctrine, these non-US citizens have not been allowed to challenge such charges unless and until they physically surrender to authorities in the US.  However, a recent decision may substantially affect a foreign-based criminal defendant’s ability to challenge the merits of her case without having to subject herself physically to the jurisdiction of US courts, and gives new hope to non-US defendants. The decision is said to narrow the definition of “fugitives” to those who have fled or otherwise taken affirmative steps to avoid facing charges in the US, and it explicitly excludes individuals who merely remain in their home countries. 

https://www.dlapiper.com/en/us/insights/publications/2021/08/us-v-bescond-addresses-fugitive-disentitlement/

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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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