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Gathering Defense Evidence Abroad
By Ross H. Garber
White-Collar Crime columns.
Increasingly, criminal and regulatory investigations involve companies, individuals, and evidence outside the country. Foreign Corrupt Practices Act (“FCPA”) investigations are at an all-time high.1 A single FCPA enforcement action settled in 2008 for over $1 billion in fines.2 The renewed importance of corruption investigations generally, and FCPA investigations in particular, into both individuals and corporations has been explicitly emphasized by the DOJ,3 the FBI,4 and the SEC.5 Investigations by foreign governments pursuant to their analogues to the FCPA have risen significantly in prominence as well, evidencing an increased worldwide awareness of, and fight against, corrupt practices.6
In addition, export controls and economic sanctions are growing more important amid increasing international transactions and regulatory enforcement.7 Violations of trade laws can result in corporate and individual criminal liability, civil money penalties, and revocation of export licenses. Antitr
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