Criminal,
Civil Litigation,
9th U.S. Circuit Court of Appeals
Jul. 27, 2021
China-owned companies not immune from criminal charges
The 9th U.S. Circuit Court of Appeals panel rejected a bid by Pangang Group Co. Ltd. and its affiliates to dismiss a criminal indictment, affirming a district judge’s decision they “failed to establish a prima-facie case that they were ‘foreign state[s]’ entitled to immunity” under the Foreign Sovereign Immunities Act.
Chinese companies facing criminal charges under the Economic Espionage Act cannot get the case dismissed on the grounds they are "foreign instrumentalities" immune from prosecution in the U.S., a federal appeals court ruled Monday.
The 9th U.S. Circuit Court of Appeals panel rejected a bid by Pangang Group Co. Ltd. and its affiliates to dismiss a criminal indictment, affirming a district judge's decision they "failed to establish a p...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In
Enewsletter Sign-up
Related Content
Criminal Law and Procedure
U.S. v. Pangang Group
Being deemed instrumentality of foreign state under Foreign Sovereign Immunities Act requires more than relying on indictment's allegation of being "state-owned."
