Australia-US Cooperation in Criminal Matters | Jones Day
American criminal law has a long reach beyond the borders of the United States. Australian businesses and individuals whose operations touch the United States, even without having an office or physical presence in the United States, have the potential to appear on the radar of U.S. law enforcement authorities. As recent cases in the United States show, there is a growing willingness on the part of American and Australian authorities to use their joint ability to cooperate in the investigation of white collar and corporate crimes.
This white paper examines the treaty framework between Australia and the United States, whereby a country can request and obtain evidence to use in criminal proceedings or seek to extradite a person to stand trial or serve a sentence. criminal. The procedures applicable to mutual legal assistance are then examined, including by comparison with the procedures available to American regulators seeking civil sanctions. This is followed by an overview of the relevant legal privileges and protections that apply to mutual assistance requests, along with some concluding observations and practical considerations for Australian companies and their directors and officers.
Please see the full white paper below for more information.