DOJ Is Losing The Battle To Prosecute Foreign Executives

Law360
03.03.15

In this article, Kirby Behre, Lauren Briggerman and Michael Anderson reveal their analysis of U.S. Department of Justice (DOJ) prosecutions of executives involved in cartel activity in the auto parts industry. Their findings indicate that the DOJ has not been successful in persuading foreign executives to submit to United States jurisdiction. In fact, the authors note, "The United States government has limited ability to reach foreign nationals who refuse to plead guilty. The DOJ has secured only one extradition in history exclusively on antitrust charges. It is, therefore, unlikely that the department will succeed in extraditing many -- let alone all -- of the foreign executives indicted in the auto parts investigation."

The authors indicate that this is part of a trend in international corporate criminal investigations, arguing that, "Depending on the country involved, the government may not have the tools necessary to hold those individuals accountable for corporate misconduct. Therefore, the DOJ's goal of prosecuting individuals may not be fully attainable." The authors predict that the next attempt at extradition may come in connection with the Libor interest-setting investigation.

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DOJ Is Losing The Battle To Prosecute Foreign Executives