DOJ Launches China-Focused Criminal Enforcement Initiative
The new "China Initiative" is intended to respond to perceived U.S. national security threats from China.
The U.S. Department of Justice ("DOJ") has announced a new criminal enforcement initiative that targets China, with the stated goal of using criminal enforcement tools to counter alleged Chinese trade policies. To help implement the new "China Initiative," DOJ created a working group of federal prosecutors from five U.S. Attorney's Offices to work together with DOJ's National Security Division and the Federal Bureau of Investigation. We expect the initiative will lead to an increase in the number of active investigations and prosecutions of Chinese companies and executives for a wide range of economic conduct. DOJ is specifically focused on bringing trade secret theft cases, foreign agent registration cases, and Foreign Corrupt Practices Act ("FCPA") cases. In particular, DOJ stated that it is trying to identify FCPA cases "involving Chinese companies that compete with American businesses."
DOJ's China Initiative comes at a time of increasing tensions between the United States and China over trade and other issues. Given the increased scrutiny, Chinese companies and executives should be mindful of compliance policies and remain vigilant when conducting any business that could trigger U.S. jurisdiction.
For further information, please contact your principal Firm representative or the lawyers listed below. General email messages may be sent using our "Contact Us" form, which can be found at www.jonesday.com/contactus/.
Brian A. Sun
James T. Kitchen
James P. Loonam
Christopher K. Pelham
Shanghai / Los Angeles
+86.21.2201.8000 / +188.8.131.5286
Theodore T. Chung
Jerry C. Ling
San Francisco / Shanghai
+1.415.875.5890 / +86.21.2201.8000
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our "Contact Us" form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.