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China, Haiti, Patty Murray, And Why Following The Law Makes Sense. Always.

By Dan Harris and Steve Dickinson

I am a fanatical about abiding by the laws in whatever country I am in, not because I necessarily like the laws, but because I do not want to go to jail. I do not know whether we Americans are more arrogant about our own country's reach than those from other countries (though I suspect that we are), but there do seem to be far too many Americans who mistakenly believe some or all (or at least some variation) of the following: 1. If it's legal in the United States, it's legal everywhere; 2. If the United States goes easy on it (marijuana possession, for instance), every other country also goes easy on it, or at least will go easy on it when it is an American involved; 3. If it is legal in the United States and illegal somewhere else, well then surely that somewhere else is acting silly and will come to its senses when a good American lawyer explains to them how things should be; 4. And, if worse comes to worse, and an American commits a crime overseas, the US government will fly them home to mommy and daddy. None of the above are usually true, though in some cases if you are accused or convicted of a crime overseas, you might be able to get your local newspaper to write an absurd editorial or, if you are extremely wealthy, you might be able to get Senator Patty Murray to write a letter to President Obama asking him to "raise the issue" of your detention. In other words, if you are charged with a crime overseas, you are pretty much on your own....even if you are an American. [FULL DISCLOSURE: My law firm is involved in two law suits against Global Fishing, the owner of which on whose behalf Senator Murray felt "called upon" to intervene, including this one for $5.8 million, plus interest.] That was in stark evidence today as a Haitian judge ruled that ten Americans who went to Haiti and allegedly scooped up a bunch of Haitian children and drove with them to the Dominican Republic border. The media are saying that many of the kids were not orphans and that the ten Americans had no legal basis for taking the kids or for trying to cross the border with them. For more on the criminal side of living and doing business in China, check out the following: -- "Avoiding Chinese Jails. I'm Talkin' To You." (this post contains a whole host of great tips for making sure you stay on the right side of the law in China) -- "Amazing Lawyers and The Criminal Side of China Business" -- "Criminal Law and Business in China -- A Strong Caution" -- "Foreign Partners In China Crime Do The Time" -- "Bad China Products. Hey It's A Criminal Thing" --"Bad China Products. Hey, It's A Criminal Thing, Part II"

Full post as published by China Law Blog on February 04, 2010 (boomark / email).