Howard S Master

October 07, 2024 | New York Law Journal

Author Summary: The government's categorical refusal to recognize an economic extortion defense to liability under the Foreign Corrupt Practices Act (FCPA) lacks legal support and is unsound policy, particularly after the passage of the Foreign Extortion Prevention Act (FEPA) and the rise of foreign autocracies. Businesses faced with threats of serious economic harm abroad should develop a record supporting extortion claims. The federal government should recognize those claims to avoid punishing victims of illegal foreign corruption. It can do so without diminishing the FPCA's ability to combat foreign corruption's harms.

By Howard S. Master

10 minute read

April 01, 2022 | New York Law Journal

Criminal defendants can and should be empowered to use compulsory process to uncover the truth themselves.

By Howard S. Master

9 minute read