Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention PDF Download
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Author: OECD
Publisher: OECD Publishing
ISBN: 9264677852
Category :
Languages : en
Pages : 221
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Book Description
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: OECD
Publisher: OECD Publishing
ISBN: 9264677852
Category :
Languages : en
Pages : 221
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Book Description
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: OECD
Publisher: OECD Publishing
ISBN: 9264368140
Category :
Languages : en
Pages : 160
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Book Description
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: Tina Søreide
Publisher: Edward Elgar Publishing
ISBN: 1788970411
Category : Law
Languages : en
Pages : 384
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Book Description
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.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264772960
Category :
Languages : en
Pages : 102
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Book Description
Where anti-corruption efforts were previously the domain of governments, the private sector has increasingly become an essential actor, representing a significant paradigm shift from the early days of anti-corruption policy development. This Resource Guide provides States with a framework for identifying and implementing an appropriate mix of sanctions and incentives for encouraging business integrity. It reflects the latest developments in the global anti-corruption landscape and contains case studies that serve to share information and practices and provide inspiration to States and the private sector.
Author: Kevin E. Davis
Publisher: Oxford University Press
ISBN: 0190070811
Category : Law
Languages : en
Pages : 304
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Book Description
When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.
Author: Kolawole Olaniyan
Publisher: Oxford University Press
ISBN: 0192867830
Category :
Languages : en
Pages : 401
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Book Description
Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264940960
Category :
Languages : en
Pages :
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Book Description
This report presents a chronology and a “mapping” of the features of the systems for liability of legal persons found in Parties to the OECD Anti-Bribery Convention.
Author: Régis Bismuth
Publisher: Taylor & Francis
ISBN: 1000389820
Category : Law
Languages : en
Pages : 585
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Book Description
The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.
Author: Lord, Nicholas
Publisher: Policy Press
ISBN: 1529212340
Category : Social Science
Languages : en
Pages : 330
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Book Description
From corporate corruption and the facilitation of money laundering, to food fraud and labour exploitation, European citizens continue to be confronted by serious corporate and white-collar crimes. Presenting an original series of provocative essays, this book offers a European framing of white-collar crime. Experts from different countries foreground what is unique, innovative or different about white-collar and corporate crimes that are so strongly connected to Europe, including the tensions that exist within and between the nation-states of Europe, and within the institutions of the European region. This European voice provides an original contribution to discourses surrounding a form of crime which is underrepresented in current criminological literature.
Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108877737
Category : Law
Languages : en
Pages : 411
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Book Description
Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.
