Service of Process Abroad for FCPA Enforcement Actions
by Stephanie Keats
Prosecution of white collar crime, such as the recent Foreign Corrupt Practices Act (FCPA) case brought against Siemens executives who allegedly agreed to pay more than $100 million in bribes, often goes hand in hand with the prosecution of individuals residing in foreign countries. These sorts of crimes are often committed by individuals outside of the United States because practices that are illegal in the United States, such as bribery, are considered the norm (sometimes even a necessity) in foreign countries. The Securities and Exchange Commission (SEC) is seeing an increase in the amount of international prosecutions due to the recent focus on enforcing the FCPA. Although the anti-bribery portion of the FCPA was originally only enforced sporadically, it has now become a main priority and has resulted in more prosecutions of individuals. Although the SEC brings civil enforcement actions, it still must effectuate service of process on individuals against whom it wishes to bring proceedings. There are certain procedures in place that assist with service of process when bringing suit against individuals residing in a foreign country.
