Monday, March 22, 2010
The Extraterritoriality of RICO
It's an interesting question presented in a cert petition filed in the Supreme Court. It's especially problematic when Congress fails to address the extraterritorial reach of a statute. Some courts look to international principles and use an "effects" test. But in this day and age, what doesn't affect the US? I have written articles on the extraterritorial prosecution of white collar crimes (here), computer crimes (here), and business crimes ("Defensive Territoriality": A New Paradigm for the Prosecution of Extraterritorial Business Crimes, 31 Georgia Journal International & Comparative Law 1 (2003)),
See British American Tobacco (Investments) Limited v. U.S. - Download BATCo Cert Petition and Appendix
(esp)
https://lawprofessors.typepad.com/whitecollarcrime_blog/2010/03/the-extraterritoriality-of-rico.html