Negotiated Settlements in Bribery Cases

Negotiated Settlements in Bribery Cases
Author: Tina Søreide
Publisher: Edward Elgar Publishing
Total Pages: 377
Release: 2020-04-24
Genre: Law
ISBN: 1788970411

This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.

Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention

Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention
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.

Left Out of the Bargain

Left Out of the Bargain
Author: Jacinta Anyango Oduor
Publisher: World Bank Publications
Total Pages: 182
Release: 2014
Genre: Business & Economics
ISBN: 1464800863

It is a conservative estimate that every year, through corruption, between 20 billion dollars and 40 billion dollars are diverted from developing countries and find safe haven in foreign jurisdictions. In several countries that are party to the Organization for Economic Co-operation and Development (OECD) anti-bribery convention, a very high proportion of cases of foreign bribery and related offenses have been resolved short of a full trial. Anticorruption practitioners and policy makers in countries where officials were allegedly bribed have (along with other interested stakeholders) therefore raised concerns about whether settlements might impede their own criminal or enforcement investigations and affect the liability of multinational companies in third countries. This study seeks to fill knowledge gap by: (i) informing policy makers and practitioners about the frameworks for settlements in various legal systems, (ii) examining settlements in practice and their implications for international cooperation, and (iii) analyzing how settlements relate to asset recovery in foreign bribery cases. An additional goal is to inform the general public (including civil society organizations) about these frameworks. This study describes and analyzes, both qualitatively and quantitatively, settlements in cases of foreign bribery and related offenses, and their implications for international cooperation and asset recovery. This report is structured as follows: chapter one adopts a broad definition of settlements as various procedures short of trials and analyzes the legal frameworks in a number of civil and common law countries. Chapter two traces the general trends and developments in settlements and considers the rationale for settlements. Chapter three analyzes the impact of settlements in one jurisdiction on pending and future investigations in other countries. Chapter four explores the link between asset recovery and settlements through the lens of United Nations Convention against Corruption (UNCAC). Chapter five offers conclusions. Chapter six presents detailed summaries of 14 significant cases.

Asset Recovery Handbook

Asset Recovery Handbook
Author: Jean-Pierre Brun
Publisher: World Bank Publications
Total Pages: 348
Release: 2021-02-08
Genre: Business & Economics
ISBN: 1464816174

Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.

The Detection of Foreign Bribery

The Detection of Foreign Bribery
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.

Stolen Asset Recovery

Stolen Asset Recovery
Author:
Publisher: World Bank Publications
Total Pages: 284
Release: 2009
Genre: Law
ISBN: 082137902X

This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Addressing Corruption Allegations in International Arbitration

Addressing Corruption Allegations in International Arbitration
Author: Brody Greenwald
Publisher: BRILL
Total Pages: 99
Release: 2019-08-26
Genre: Law
ISBN: 9004410910

In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Mr. Greenwald and Ms. Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts.

Corrupt Cities

Corrupt Cities
Author:
Publisher: World Bank Publications
Total Pages: 180
Release: 2000
Genre: Political Science
ISBN: 9780821346006

Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.

Bad Business Practice

Bad Business Practice
Author: Harding, Christopher
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2022-02-18
Genre: Law
ISBN: 1786439735

This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading, and shared responsibility.