DC Circ. Rules On Sovereign Immunity In Mueller Case
By Carmine Boccuzzi, Joon Kim, Jonathan Kolodner, Rahul Mukhi and Rathna Ramamurthi (January 2, 2019, 1:37 PM EST) -- On Dec. 18, 2018, the U.S. Court of Appeals for the D.C. Circuit issued an important ruling in In re Grand Jury Subpoena, holding that foreign state-owned corporations are subject to criminal jurisdiction in the United States and that the exceptions to sovereign immunity set forth in the Foreign Sovereign Immunities Act apply to criminal as well as to civil cases. The court also rejected the foreign sovereign entity's argument that it should be excused from complying with a subpoena because doing so would violate the law of the respondent's country of incorporation. Although In re Grand Jury Subpoena arises in the context of enforcing a grand jury subpoena, its language and holding could potentially be extended to criminal prosecutions of a foreign state or state-owned entity....
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