Individual Risk From Potential Criminal Investigation in the United States

Summary

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• The U.S. has a mature but complex criminal justice system which reaches beyond its borders under the principle of long arm jurisdiction
• This means Chinese nationals may be affected by U.S. criminal investigations
• Travel to the U.S. carries particular risk but there is also risk in relation to third countries with a cooperation agreement with the U.S.
• Early advice from U.S. counsel is vital 

In the wake of high-profile detention or extradition of foreign nationals based on criminal indictments in the U.S., individuals who may be subject to criminal investigations in the U.S. are understandably concerned about personal risk, especially in the context of international travel. Under the principle of long-arm jurisdiction, it is entirely possible for U.S. criminal investigations to reach Chinese citizens, especially Chinese corporate executives. It is important to understand basic procedure and the authority of the U.S. government when assessing personal risks.

In the U.S., there is an absolute right to engage counsel before speaking with law enforcement