The Champion

September - October 2016 , Page 38 

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Representing Individuals in International Investigations

By Susan E. Brune and Erin C. Dougherty


Americans have long been great exporters of ideas, and the ideas about criminal justice have in recent years been no exception.

The U.S. Department of Justice (DOJ) sees its beat as worldwide, focusing in the recent words of one assistant attorney general on “transnational criminal enterprises and global corporate misconduct.”1 Indeed, it is now standard for companies to respond to the DOJ’s demands for cooperation2 by launching internal investigations worldwide.3 

There are three simple reasons that this is so.

First, the DOJ and internal investigators have become very familiar with international investigations in the context of the always burgeoning Foreign Corrupt Practices Act (FCPA). Those cases have been a template for other kinds of investigations, including recent ones concerning LIBOR-benchmark (London Interbank Offered Rate) manipulation, foreign exchange trading, money laundering, and automobile emissions.

Second, international law enforcement coope

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