Cardozo Journal of International and Comparative Law
Midnight in the Garden of Ne Bis In Idem: The New Urgency for an International Enforcement Mechanism
Abstract
The article examines the challenges posed by the global proliferation of antibribery laws, particularly the Foreign Corrupt Practices Act (FCPA) and similar international laws, which have led to overlapping prosecutions of multinational companies (MNCs) for the same offenses. This phenomenon, termed "da mihi quoque" or "me too" prosecutions, results in significant financial and reputational costs for companies. The article argues that while these laws aim to combat corruption, their broad jurisdictional reach and uneven enforcement may inadvertently harm economic opportunities and governance systems in developing countries. It advocates for a more coordinated and balanced approach to enforcement to address these unintended consequences.
Disciplines
Criminal Law | Criminal Procedure | Law | Securities Law
Recommended Citation
Thomas J. Bussen,
Midnight in the Garden of Ne Bis In Idem: The New Urgency for an International Enforcement Mechanism,
23
Cardozo J. Int'l & Comp. L.
485
(2015).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol23/iss3/2