US Officials Decry China’s Use of Points of Leverage as “Geostrategic Weapons” But China Claims US Employs “Rule of Law” as Front for Transparent Bullying Tactics
Introduction The protracted saga of the US Justice Department’s extradition request concerning Meng Wanzhou, Huawei’s CFO, is well known.[i] This matter by far exceeds the scope of a normal fraud case – which it formally is, albeit within the framework of US sanctions – and has […]
Should Ms. Meng Wanzhou be extradited from Canada to the US? The Canadian court overseeing her case and Canada’s Minister of Justice are responsible for determining this. If an abuse of process by either the requesting or requested state was committed during the extradition proceedings, it […]
Basic facts of the case On December 1, 2018, Canada arrested Ms. Meng Wanzhou, Huawei’s Chief Financial Officer, in Vancouver at the request of the US. On December 11, 2018, the Supreme Court of British Columbia in Canada ruled on and approved Ms. Meng’s bail application. […]
After arresting Ms. Meng Wanzhou at the request of the US, Canada still had to decide whether to extradite her to the US. The core question for consideration behind this decision is: During the meeting with the HSBC executive in 2013, did Ms. Meng misrepresent the […]
The Bill of Attainder Clause in the U.S. Constitution: Origin, Evolution, and Reflection — From Huawei v. U.S.
Since 2018, the United States has leveraged state power and resorted to “legal means” to suppress Chinese company Huawei Technologies Co., Ltd. (hereinafter referred to as “Huawei“), a leading player in high-tech sectors such as 5G. In the legislative branch, the U.S. Congress passed The National […]
Learning From the Huawei CFO Meng Wanzhou Case: What Chinese and Other Non-U.S. Companies and Executives Should Do to Limit Exposure to Criminal Liability in the U.S.
This is the fourth and final installment in this series White collar criminal law experts who regularly represent or advise Chinese companies all agree that the arrest of Huawei CFO Meng Wanzhou was a “wake-up call” for all Chinese companies with global operations. Compliance management is […]
The Defense of Huawei CFO Meng Wanzhou: How the Principles of the Rule of Law Extend Fundamental Protections to Non-U.S. Companies and Executives Subject to Extraterritorial Jurisdiction
This is the third in a series When Meng Wanzhou was arrested in Vancouver in December 2018, it attracted global attention. Due to the aggressive assertion of extraterritorial jurisdiction by U.S. prosecutors, Ms. Meng found herself under house arrest in Canada fighting extradition to the U.S. […]
Tracing the Origins of the Case Against Huawei CFO Meng Wanzhou: How Global Banks Extend the Reach of U.S. Extraterritorial Jurisdiction, Directly and Indirectly Impacting the Global Expansion of Chinese Companies
This is first in a series On December 1, 2018, then U.S. President Donald Trump was heading to a private dinner with Chinese President Xi Jinping at the G20 summit in Buenos Aires. At the same moment, Canadian officials, acting at the request of the U.S. Justice […]