Recent Trends in Cross-Border Criminal Enforcement

More and more, the U.S. Department of Justice is investigating and prosecuting criminal conduct that occurs less and less in the United States. These prosecutorial efforts cut across many areas, from violations of U.S. sanctions law, to bribery and other corruption by foreign government officials, securities fraud, environmental crime, tax evasion, and many other areas. This trend shows no signs of abating. Although the Department of Justice deploys many standard investigative techniques and prosecutorial tools in these cases, there are rather unique aspects of the law that bear on these efforts, and there are particular tools that the government uses that differ from traditional criminal cases. On the flip side, cross-border investigations present unique challenges – and opportunities – for defense counsel.

This course introduces reviews the legal issues associated with cross-border criminal investigations, addresses some of the key legal issues, and offers practical guidance to defense counsel. The program is presented by Daniel W. Levy, a principal in the New York office of McKool Smith who previously served as an Assistant United States Attorney for the Southern District of New York.

Learning Objectives:

1. Survey trends in cross-border criminal enforcement
2. Discuss the relevance of foreign law to U.S. criminal enforcement
3. Articulate the legal basis for the Department of Justice’s efforts to investigate and prosecute cross-border criminal activity
4. Review the limits on the Department of Justice’s efforts in the cross-border arena