Upswing in FCPA Cases Results in Increased Judicial Oversight

Courts scrutinize prosecutions against individuals.

, New York Law Journal


Benjamin Gruenstein, a partner at Cravath, Swaine & Moore, discusses how courts have begun to examine several questions in the context of FCPA prosecutions and enforcement actions against individuals, including what constitutes a "foreign official" or an "instrumentality" of a foreign government, in what situations can the government reach beyond the FCPA's five-year statute of limitations, and what is the reach of personal jurisdiction over foreign defendants in FCPA cases.

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