A Standing Framework for Private Extraterritorial Antitrust Enforcement

Huffman, Max

doi:10.31228/osf.io/req9f

Cited by 1 publication

(1 citation statement)

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“…"In 2001, the United States entered a plea agreement in which, for the first time ever, a Japanese executive has agreed to face a possible jail sentence for a violation of U.S. antitrust law" (Baker 2001, p. 707). "DOJ has successfully prosecuted foreign antitrust conspiracies involving the automotive, manufacturing, defense and other industries" "and more than 30 foreign executives were sentenced to prison terms" (Freeman and Hickerson 2023).…”

Section: Extradition Is Not Uncommonmentioning

confidence: 99%

The Anticorruption Protocol to the United Nations Convention against Corruption Beneficial Owner Rule

Yeh

2023

Laws

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To fight corruption, money laundering, and organized crime, a proposed APUNCAC Beneficial Owner Rule would require financial service personnel to obtain and submit certification by the true beneficial owner when covered funds are transacted in amounts exceeding USD 3000. The strategy would trap front men into false statements, create a transaction-level record of assertions by front men that can be tested by a prosecutor, eliminate loopholes that allow criminals to escape prosecution in offshore havens, not require proof of a predicate crime or the illicit nature of funds, trigger a chain of witness cooperation, fight organized crime using a domino strategy, and be accomplished via a relatively simple change in domestic laws. Analysis suggests (1) the required technology exists; (2) transaction friction would be minimal; and (3) that the implementation of the Rule is feasible and practical, both operationally and from a legal standpoint, suggesting that the proposed Rule offers a promising strategy to fight organized crime.

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Section: Extradition Is Not Uncommonmentioning

confidence: 99%