FOREWORD
U.S.-LED WHITE COLLAR ENFORCEMENT CONTINUES TO FLEX
ITS JURISDICTIONAL MUSCLES
Jonathan E. Lopez, Barry J. Pollack, and Megan Monteleone*
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
I. THE JUDICIAL BRANCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
II. THE LEGISLATIVE BRANCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
III. THE EXECUTIVE BRANCH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
INTRODUCTION
In the past year, high profile domestic white collar prosecutions dominated news
cycles: Donald Trump became the first former U.S. president to face criminal
charges, including falsifying business records, obstruction of justice, and conspir-
ing to defraud the U.S. government;
1
Kaela Malig, A Guide to the Criminal Cases Against Donald Trump, FRONTLINE, (Jan. 30, 2024), https://
www.pbs.org/wgbh/frontline/article/a-guide-to-the-criminal-cases-against-donald-trump/.
onetime crypto kingpin Sam Bankman-Fried
was convicted of fraud and money laundering after the dramatic collapse of FTX;
2
David Yaffe-Bellany, Matthew Goldstein & J. Edward Moreno, Sam Bankman-Fried Is Found Guilty of 7
Counts of Fraud and Conspiracy, N.Y. TIMES (Nov. 2, 2023), https://www.nytimes.com/2023/11/02/technology/
sam-bankman-fried-fraud-trial-ftx.html#:�:text=465-,Sam%20Bankman%2DFried%20Is%20Found%20Guilty
%20of%207%20Counts%20of,of%20the%20volatile%20cryptocurrency%20industry.
and U.S. Senator Bob Menendez was indicted for several white collar crimes
related to conduct involving foreign officials in Egypt and Qatar.
3
Tracey Tully, Benjamin Weiser & Nicholas Fandos, Menendez Faces a New Accusation: Aiding the Qatari
Government, N.Y. TIMES (Jan. 2, 2024), https://www.nytimes.com/2024/01/02/nyregion/robert-menendez-qatar-
influence.html.
But U.S. actors were not the only ones reckoning with U.S.-led white collar
crime enforcement efforts. In recent years, foreign individuals and corporations—
including state-owned enterprises—have found themselves subject to U.S. juris-
diction for white collar crimes, even for actions taken abroad.
4
See, e.g., Turkiye Halk Bankasi A.S. v. United States, 598 U.S. 264 (2023); Press Release, U.S. Dep’t of
Justice, Justice Department Announces First Criminal Resolution Involving the Illicit Sale and Transport of
Iranian Oil in Violation of U.S. Sanctions (Sept. 8, 2023), https://www.justice.gov/opa/pr/justice-department-
announces-first-criminal-resolution-involving-illicit-sale-and-transport; Press Release, U.S. Dep’t of Justice,
Arrest and Criminal Charges Announced Against British and Russian Businessmen for Facilitating Sanctions
The trend can be
* Jonathan E. Lopez is a former federal prosecutor and current co-founder and partner at Jacobson Lopez
PLLC. Barry J. Pollack is a former federal public defender and current partner at Harris St. Laurent & Wechsler
LLP. Megan Monteleone is an associate at Jacobson Lopez PLLC. Jonathan and Barry co-teach Anatomy of a
Federal Trial at the Georgetown University Law Center. © 2024, Jonathan E. Lopez, Barry J. Pollack & Megan
Monteleone.
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