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Globalization and the Federal Prosecution of White Collar Crime

American Criminal Law Review, Vol. 34, No. 2 (1997).

Posted: 6 Dec 1996  

Ellen S. Podgor

Stetson University College of Law

Abstract

Omitted from most of the recent discussions on the federalization of criminal law is the impact of federal investigations and prosecutions involving international activities. This essay specifically focuses on the international flavor developing in the prosecution of white collar crime. It discusses statutes with clear legislative language indicating extraterritoriality through either a direct international focus (Foreign Corrupt Practices Act), or through the specific incorporation of an extraterritorial provision in the statute. The essay next addresses judicial interpretation of white collar statutes where there has been no explicit reference to extraterritoriality in the statute. Jurisdiction bases in international law also are considered in the essay. The essay offers a sampling of the jurisdiction questions that have arisen as a result of white collar criminal activity exceeding the borders of the United States.

JEL Classification: K14

Suggested Citation

Podgor, Ellen S., Globalization and the Federal Prosecution of White Collar Crime. American Criminal Law Review, Vol. 34, No. 2 (1997).. Available at SSRN: https://ssrn.com/abstract=10236

Ellen S. Podgor (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States
727 562 7348 (Phone)

HOME PAGE: http://www.law.stetson.edu/tmpl/faculty/memberProfile.aspx?id=88

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