Ellen Podgor on her White Collar Crime Prof Blog posted commentary called Murdoch and the Foreign Corrupt Practices Act: A Minefield.
As usual from Podgor, a professor at Stetson Law, it’s a thoughtful post, full of the practical wisdom and technical knowledge that sets her apart.
Her take? Building an FCPA case against Murdock “would be like entering a minefield.”
Issues abound, such as the intent behind the statute, extraterritoriality (‘would this really be a case of policing U.S. actors’?), and the good-faith defense or lack thereof (one of her favorite topics), among others.
On due process, she quotes her contributing blogger, Lawrence S. Goldman: “As much as I would enjoy seeing Murdoch in the dock, so to speak, I think it would be a terrible stretch to punish conduct committed in Britain by British citizens bribing British citizens to invade the privacy of British citizens in Britain. Even Murdoch and News Corp. deserve due process.”
The post is no defense of News Corp’s alleged practices.
But it’s Ellen Podgor once again defending the rule of law.