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Vera M. Kachnowski and Peter J. Sluka Vera M. Kachnowski and Peter J. Sluka

Prosecutions of foreign nationals often raise difficult questions of extraterritoriality and due process. Defendants living abroad at the time of their indictment also face the dilemma of whether to appear in the United States to mount a defense or remain abroad with the pending charges affecting their reputation, business, and ability to travel internationally. This dilemma is particularly acute for defendants who, based upon a lack of nexus to the United States, might have a compelling challenge to their charges. Recently, some defendants have tried to raise those extraterritoriality challenges from abroad, but they have faced a roadblock: Although they never fled from the United States, their “fugitive” status prevents them from accessing the courts.

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