Barry Pollack Quoted Regarding DOJ Proposed Anti-Corruption Legislation in Global Investigations Review

"Lawyers question constitutionality of DOJ's anti-corruption proposal"
Global Investigations Review

Barry Pollack was quoted regarding the U.S. Department of Justice's (DOJ's) proposed anti-corruption legislation, which would make it easier for prosecutors to pursue money-laundering cases against individuals who transfer money into the U.S. from crimes committed abroad. Pollack said lawyers would likely challenge the proposed legislation, questioning whether the overseas misconduct would in fact constitute a predicate for money laundering if it were a domestic offense. "A lot of foreign jurisdictions don't have laws that line up with U.S. laws," Pollack said. "You'll get in a real debate about whether the foreign conduct would violate US law."

Lawyers also criticized a provision of the proposed legislation that would give the DOJ the ability to issue administrative subpoenas, which would circumvent the grand jury subpoena requirement in money-laundering investigations. Pollack said the proposed subpoena legislation was "particularly striking in its breadth," adding that the "hurdle to get a grand jury subpoena is not high. What they are asking for is the ability to compel production of documents in situations where they can't even meet that very low hurdle. That to me is why it is a very far reaching and disturbing provision."

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