How US V. Vilar Will Impact Criminal Prosecutions

Law360, New York (September 4, 2013, 12:28 PM EDT) -- On Aug. 30, 2013, the Second Circuit held that the presumption against extraterritoriality applies to criminal cases, resolving a key question left open by the United States Supreme Court in Morrison v. National Australia Bank,[1] and sharply restricting the ability of United States criminal authorities to prosecute individuals and companies for conduct outside the United States. The opinion, issued in United States v. Vilar,[2] closes one possible avenue for prosecution of foreign individuals and companies, but leaves open many questions in its wake.

Morrison and Its...
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