Peter J Sluka

July 19, 2019 | New York Law Journal

In their International Criminal Law and Enforcement column, Vera M. Kachnowski and Peter J. Sluka discuss the dilemma faced by defendants living abroad at the time of their indictment, who must choose either to appear in the United States to mount a defense or remain abroad with the pending charges affecting their reputation, business, and ability to travel internationally. This dilemma is particularly acute for defendants who, based upon a lack of nexus to the United States, might have a compelling challenge to their charges. Recently, some defendants have tried to raise those extraterritoriality challenges from abroad, but they have faced a roadblock: Although they never fled from the United States, their “fugitive” status prevents them from accessing the courts.

By Vera M. Kachnowski and Peter J. Sluka

8 minute read

April 12, 2019 | New York Law Journal

Vera M. Kachnowski and Peter J. Sluka discuss charges faced by Chinese technology giant Huawei. Grounded in part in the Iranian Transactions and Sanctions Regulations, the 13-count EDNY indictment alleges bank fraud, wire fraud, a conspiracy to defraud the United States, and violations of the International Emergency Economic Powers Act. Although the EDNY action is still in its infancy, Huawei and other companies will see a preview of how the Second Circuit tackles the issues, as the Circuit has been called to consider potential limitations on several of these charges in another pending case, 'United States v. Atilla'.

By Vera M. Kachnowski and Peter J. Sluka

7 minute read

January 22, 2019 | New York Law Journal

In their International Criminal Law and Enforcement Vera M. Kachnowski and Peter J. Sluka write: As courts and litigants continue to grapple with the extraterritorial reach of U.S. criminal statutes, two recent Second Circuit appeals highlight potential limitations the U.S. Department of Justice faces when prosecuting non-resident foreign actors involved in alleged bribery.

By Vera M. Kachnowski and Peter J. Sluka

8 minute read

October 25, 2018 | New York Law Journal

International Criminal Law and Enforcement columnists Vera M. Kachnowski and Peter J. Sluka write: Recent enforcement actions from U.S. and U.K. regulators highlight the risks companies face if their cybersecurity measures are deemed inadequate.

By Vera M. Kachnowski and Peter J. Sluka

8 minute read