Who Is a Fugitive? The Second Circuit Interprets the Fugitive Disentitlement Doctrine

November 4, 2021

White-collar prosecutions have become global in nature, and federal prosecutors now commonly bring charges against individuals who live and work abroad. Historically, the “fugitive disentitlement” doctrine has foreclosed challenges to an indictment by a defendant who does not physically submit to a U.S. court’s jurisdiction. In “Who Is a Fugitive? The Second Circuit Interprets the Fugitive Disentitlement Doctrine,” we discuss the Second Circuit’s recent decision in United States v. Bescond, which held that a defendant living and working in France was not a “fugitive” and may challenge an indictment while remaining in France.

Who Is a Fugitive? The Second Circuit Interprets the Fugitive Disentitlement Doctrine (pdf | 181.08 KB)