Extraterritorial application of many US laws remains unsettled, however. In addition, criminal conduct that involves seemingly minor contact with US territory, such as processing financial payments through the US banking system or the use of US wires, can be sufficient to invoke territorial jurisdiction, even where most of the conduct was extraterritorial.Ĭourts have at times construed US statutes to bring cases against defendants who commit offences abroad, particularly through the Foreign Corrupt Practices Act (FCPA) 15 U.S.C. Alternatively, extraterritorial conduct can be punished if a statute protects the US government, rather than private persons. There is a presumption against extraterritorial application of US law, so the statute must clearly apply to any extraterritorial conduct charged. Extraterritorial reach is permitted when a federal statute expressly states that it applies to conduct outside the USA. Typically, a prosecutor must prove that the accused intended to commit the crime and knowingly took a substantial step, beyond mere preparation, in furtherance of the attempt.įederal courts and some agencies may punish defendants for criminal acts that occur outside of US territory. Some categories of crimes are strict-liability offences requiring no mens rea showing, including some regulatory offences.Īttempts to commit crimes carry criminal liability. For example, prosecutors may need to prove that a defendant acted purposely, knowingly, recklessly or negligently, depending on the offence charged. The mental state required for conviction varies by statute. To prove a criminal offence, prosecutors generally must establish proof beyond a reasonable doubt of an act or omission (actus reus) and a culpable state of mind (mens rea). Punishments for felonies can range from fines or limited time in prison to life without parole or death. Any crime punishable by over a year in prison is a felony, but not all felonies result in imprisonment. Both property crimes and crimes against persons can be felonies. There are different classifications of felonies and misdemeanours based on the seriousness and severity of the offence.įelonies are the most serious offences. A third category of offences punishable only by fine, civil penalty or forfeiture, rather than imprisonment, includes petty crimes – sometimes referred to as violations, infractions, petty offences or petty misdemeanours. US law classifies crimes as felonies or misdemeanours. In the USA, both federal law and state laws define and prohibit crimes. Morgan Chase in relation to allegations of market manipulation and “spoofing”. Recently, the group led some of the highest-profile white-collar matters, including Goldman Sachs in the highly publicised DOJ probe into 1MDB, Boeing in government investigations concerning the 737 Max aeroplanes, and J.P. Kirkland’s GR&II group is best known for representing Fortune 500 companies and their officers and directors in their most sensitive matters, which are typically resolved confidentially, but have also included some of the largest public representations in history. About 80% of those lawyers are resident in the USA and 20% are resident in Asia and Europe. Has one of the largest government, regulatory and internal investigations (GR&II) groups in the world, with more than 200 attorneys who work on white-collar criminal defence and securities enforcement matters, including more than 50 who served as Justice Department officials, in the Securities and Exchange Commission, at the Federal Trade Commission, the UK's Serious Fraud Office and other global government agencies.