Recovering Damages When FCPA Prosecution Misfires: Part 2

Law360, New York (December 10, 2012, 12:31 PM EST) -- In part 1 of this article, we discussed the impact of sovereign immunity — the immunity of suits directly and indirectly against the United States for money damages — following a failed prosecution under the U.S. Foreign Corrupt Practices Act. Those rules, including the limitations of the Equal Access to Justice Act (EAJA), establish daunting obstacles to those seeking compensation for a prosecution that misfires.

But what if, instead of suing the government itself, former defendants were to seek relief from the government officials who caused...
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