When Do White Collar Criminal Statutes Apply to Extraterritorial Conduct?

In the past five years the Supreme Court has steadily restricted the recovery available to civil litigants seeking relief for conduct that occurred outside the United States. At the same time, prosecutors have continued to push for the broad application of criminal laws to extraterritorial conduct, particularly in white collar criminal cases. Courts have only just begun to grapple with the question of how to analyse whether a criminal statute applies extraterritorially. The results thus far have been inconsistent and have confused the analysis of when a foreign company or executive is subject to US criminal jurisdiction.

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