Articles

Ann O'Brien, Jeffrey Martino, Brian Song, Audrey van Duyn Article Discusses Extradition as Enforcement Tool in Antitrust Division Prosecutions

Articles / September 15, 2020

Partners Ann O’Brien, Jeffrey Martino, Brian Song and Associate Audrey van Duyn authored an article that appeared in the Summer/Fall 2020 issue of the “White Collar Crime Committee Newsletter,” published by the ABA Criminal Justice Section. The article, “No Place to Hide: Foreign Nationals Face Extradition for Anticompetitive Conduct Overseas,” discusses how the Antitrust Division of the Department of Justice is using extradition as a tool to prosecute individuals alleged to have violated U.S. law through anticompetitive conduct.

The authors review several recent cases and explain the options available to foreign nationals facing such prosecution. They conclude: “Given their limited options, it is not surprising that many foreign defendants choose to work out a plea agreement with the Antitrust Division. Cooperation and voluntary entry into the United States to face criminal charges may be beneficial to indicted foreign executives.”

Read the article.