There is no doubt exists a paucity of FCPA criminal actions involving non-U.S. citizens who engage in bribery and corruption in foreign countries. The practical realities of in personam jurisdiction make it difficult, if not impossible, to extradite culpable individuals. Foreign courts are often reluctant to send their citizens to face U.S. justice. This is also true for white-collar crimes far beyond the FCPA as was seen in the Volkswagen emissions-testing matter where five of six German nationals have not been brought the U.S. to face justice for their violations of U.S. laws in developing VW’s defeat device and then engaging in perjury to the U.S. government about the defeat device’s existence.
