October 29, 2014

In this article, Jenner & Block Partner Anthony S. Barkow and Associate Anne Cortina Perry identify the trend of American “prosecutorial imperialism.”  The authors explain that the term refers to efforts by the United States to export its values throughout the world through its criminal laws and regulatory regime.  They describes three areas of criminal law in which the United States exhibits prosecutorial imperialism: 1. anti-bribery prosecutions; 2. prosecutions enforcing sanctions regulations issued by the U.S. Office of Foreign Assets Control; and 3. prosecutions relating to the manipulations of the London Inter-Bank Offered Rate (known as LIBOR).   The authors question how prosecutorial imperialism will evolve at a time when “Americans are no longer the only – or even the primary – law enforcers pursuing particular illegality but continue to demand significant fines and even admissions of wrongdoing to settle actions.”