US v. Bescond Addresses “Fugitive Disentitlement”: Potential Game Changer For Foreign-Based Defendants Facing US Charges
A guest post from DLA Piper attorneys John Hillebrecht, Jessica Masella, Olivia Tourgee and Jennifer Delasco.
In recent years, US prosecutors have increasingly pushed the envelope in bringing criminal charges against non-US professionals who live and work abroad and who may have never set foot in the United States, including for alleged violations of the Foreign Corrupt Practices Act, trade sanctions, the antitrust laws, and other statutes and regulations with extraterritorial implications.
Typically, pursuant to the fugitive disentitlement doctrine, these non-US citizens have not been allowed to challenge such charges unless and until they physically surrender to authorities in the US.