09.25.2012
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09.25.2012
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Articles
Co-Authored with AUSA Andrew S. Boutros
This article examines this growing - but still largely under-recognized - international phenomenon of “carbon copy” prosecutions. A country’s incentive to vindicate its own laws is not insubstantial, especially when a company or individual has already admitted, in a foreign proceeding, to having violated local law. The days of one-dimensional government investigations appear to be over. Duplicative, serial enforcement actions are now part and parcel of the enforcement landscape, despite a healthy ongoing debate over the need for, and fairness of, serial enforcements. Our prediction is that, as globalization makes the world smaller, what we call carbon copy prosecutions will increase in frequency, size, scope, and force.
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