Typology On Mutual Legal Assistance In Foreign Bribery Cases
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| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 110 |
| Release | : 2012-04-20 |
| Genre | : |
| ISBN | : 9264508643 |
In the fight against foreign bribery, the serious problems that hinder mutual legal assistance (MLA) in foreign bribery cases can make effective enforcement of the Anti-Bribery Convention difficult. This report catalogues MLA problems and it offers potential solutions. Many of the challenges and solutions identified are applicable to MLA generally and not specific to foreign bribery investigations.
| Author | : |
| Publisher | : |
| Total Pages | : 106 |
| Release | : 2012 |
| Genre | : |
| ISBN | : |
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 224 |
| Release | : 2019-03-10 |
| Genre | : |
| ISBN | : 9264677852 |
Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated multi-jurisdictional non-trial resolutions, which have, to date, permitted the highest global amount of combined financial penalties in foreign bribery cases. This study is the first cross-country examination of the different types of resolutions that can be used to resolve foreign bribery cases.
| Author | : Wolfgang Schomburg |
| Publisher | : |
| Total Pages | : 2449 |
| Release | : 2006 |
| Genre | : Criminal jurisdiction |
| ISBN | : 9783406525728 |
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 164 |
| Release | : 2017-12-12 |
| Genre | : |
| ISBN | : 9264368140 |
The OECD Anti-Bribery Convention focuses on enforcement through the criminalisation of foreign bribery but it is multidisciplinary and includes key requirements to combat money laundering, accounting fraud, and tax evasion connected to foreign bribery. The first step, however, in enforcing foreign bribery and related offences is effective detection. This study looks at the primary sources of detection for the foreign bribery offence and the role that certain public agencies and private sector actors can play in uncovering this crime. It examines the practices developed in different sectors and countries which have led to the successful detection of foreign bribery with a view to sharing good practices and improving countries’ capacity to detect and ultimately step-up efforts against transnational bribery. The study covers a wide range of potential sources for detecting foreign bribery: self-reporting; whistleblowers and whistleblower protection; confidential informants and cooperating witnesses; media and investigative journalism; tax authorities; financial intelligence units; other government agencies; criminal and other legal proceedings; international co-operation and professional advisers.
| Author | : Stefano Betti |
| Publisher | : World Bank Publications |
| Total Pages | : 203 |
| Release | : 2022-06-15 |
| Genre | : Law |
| ISBN | : 1464818304 |
This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility of introducing a direct enforcement mechanism into their domestic legal frameworks and (2) countries that are already in a position to directly enforce foreign confi scation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes. It will be a useful tool in their work.
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 128 |
| Release | : 2014-04-23 |
| Genre | : |
| ISBN | : 9264203508 |
This publication identifies the main areas of weakness and potential areas for action to combat money-laundering, tax evasion, foreign bribery, and to identify, freeze and return stolen assets.
| Author | : United Nations |
| Publisher | : UN |
| Total Pages | : 290 |
| Release | : 2018-03-08 |
| Genre | : Political Science |
| ISBN | : 9789211303483 |
This second edition of State of Implementation of the United Nations Convention against Corruption: Criminalization, Law Enforcement and International Cooperation, which was launched during the 7th session of the Conference of the States Parties (Vienna, 6-10 November 2017).The study is based on the findings and results emanating from the first cycle reviews of the implementation of the Convention by 156 States parties (2010-2015). It contains a comprehensive analysis of the implementation of chapters III (Criminalization and law enforcement) and IV (International cooperation) of the Convention. More specifically, the study: (a) identifies and describes trends and patterns in the implementation of the above-mentioned chapters, focusing on systematic or, where possible, regional commonalities and variations; (b) highlights successes and good practices on the one hand, and challenges in implementation on the other; (c) provides an overview of the emerging understanding of the Convention and differences in the reviews, where they have been encountered.
| Author | : Mark Pieth |
| Publisher | : Peter Lang |
| Total Pages | : 428 |
| Release | : 2008 |
| Genre | : Business & Economics |
| ISBN | : 9783039115839 |
Development efforts will remain frustrated so long as corrupt leaders continue to steal their countries' wealth and dispose of these ill-gotten gains in foreign jurisdictions. The prevention of such looting, and the recovery of the stolen assets are thus critical development issues and a cornerstone of the United Nations Convention against Corruption (2003) (UNCAC). However, to date experience with asset recovery is limited, and a number of legal and other obstacles continue to impede progress. This is the first comprehensive work on asset recovery, written by renowned practitioners and academics representing different legal systems and countries, all of whom have extensive experience in the asset recovery field. The authors notably discuss the 'success stories' of the past (the recovery of the assets of Sani Abacha, Ferdinand Marcos and Vladimiro Montesinos) and the concrete challenges for the future with regard to search, seizure, confiscation and repatriation of stolen assets. The book also provides perspectives on the role of technical assistance and donors in asset recovery and the likely impact of the UNCAC.
| Author | : Branislav Hock |
| Publisher | : Routledge |
| Total Pages | : 289 |
| Release | : 2019-09-11 |
| Genre | : Business & Economics |
| ISBN | : 0429665482 |
The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of more than 40 foreign anti-bribery enforcement actions conducted by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and other examples from comparative jurisdictions. Extraterritoriality and International Bribery is ideal reading for academics and students with an interest in global governance, economic crime, criminology, and law and economics, as well as practitioners concerned with foreign anti-bribery enforcement, including compliance officers, lawyers, investigating and prosecuting authorities, and business leaders. The book also discusses governance alternatives existing outside international anti-bribery law and offers policy and legal reforms proposals. The book suggests a decentralized enforcement model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative.
