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...
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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."
