agents should likewise round up Americans who buy marijuana in Amsterdam or Cuban cigars in Timbuktu. "It is a very unusual theory to say that you can prosecute an American citizen in this country for actions taken completely in another country," said Rory Little, a former federal prosecutor and Justice Department official who is now a University of California law professor. "This is not a crime against America, although it s a crime against universal morality.
" The majority in the 9th Circuit case found the law to be an appropriate extension of the Constitution s foreign commerce clause, since money changed hands. Clark, a 70-year-old man who in 2004 became the first person prosecuted under the law. He pleaded guilty to molesting boys in Cambodia, while reserving the right to challenge the law itself, and is serving a 97-month sentence.
Beyond the constitutional issues, attorneys say defending clients in these cases is a nightmare, in part because they cannot match the overseas investigative resources, including the diplomatic and political clout, of the U.S. "To do this in a foreign country, you have to send an investigator over there, and that person has to make contacts in the community.
That may not be possible, given the language differences and cultural differences," said Michael Filipovic, an assistant federal public defender in Seattle. In the case due to start Monday, prosecutors say Bianchi assaulted nearly a dozen teenagers and gave them money, liquor, gifts and trips. Bianchi s lawyer, Mark Geragos, said records make it difficult to even verify the age of the reported victims, and he planned to argue that several of the boys recanted their accusations.
"Americans go to these countries and create a pretty bad image," Assistant U.S. "A hundred dollars can buy a lot of food for a pretty long time for a lot of these families.
This is the kind of case that shows why there s a need for this (law)." Back to top agents should likewise round up Americans who buy marijuana in Amsterdam or Cuban cigars in Timbuktu.
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