Coordinating Prosecutions: The Rise of Global FCPA Settlements
One of the central structural challenges in transnational criminal enforcement is multijurisdictional prosecution. When multiple states possess prescriptive jurisdiction over the same conduct, wrongdoers can face overlapping—or sequential—national prosecutions for a single course of conduct. This challenge is endemic in the anti-corruption arena. Foreign bribery is almost always transnational: the bribe is paid in one…
Continue ReadingThe Role of the FCPA in Transnational Litigation
Professor Maggie Gardner’s thought-provoking post on the role of the UN Convention Against Corruption (UNCAC) in forum non conveniens analysis in IMSS v. Stryker and IMSS v. Zimmer Biomet Holdings led me to consider how the Foreign Corrupt Practices Act (FCPA) factors into these cases. Interestingly, both defendant corporations, Stryker Corporation and Zimmer Biomet Holdings,…
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