Leestip: Negotiated Settlements in Bribery Cases

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.

Achieving effective enforcement in cases of complex, multi-layered, multi-jurisdictional acts of bribery that occur in utmost secrecy is a challenging area of corporate crime enforcement. This thought-provoking book examines the scope, benefits and challenges of negotiated settlements – a form of non-trial enforcement – as a mechanism, 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, this timely book offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions. Drawing on recent empirical research, the contributors’ analyses of these settlements in the context of fundamental criminal law principles offer unique insight and functional solutions to the difficult problem of holding corporations liable for crime.

The book’s deep reflection on criminal law principles will be beneficial for scholars and students of economic crime, corruption and criminal law. Equally, its contributions to a policy area undergoing rapid development will be invaluable for policymakers, enforcement practitioners and government officials.

Contents

• Preface

• Foreword: Drago Kos

• 1. Introduction, Abiola Makinwa and Tina Søreide

• Part I: CONTEXT

  • 2. Negotiated settlements in a broader law enforcement context, Mark Pieth

  • 3. The path of FCPA settlements, Brandon L. Garrett

  • 4. Public/Private Co-operation in Anti-Bribery Enforcement: Non-Trial Resolutions as a Solution?, Abiola Makinwa

  • 5. The Implications of Negotiated Settlements for Debarment in Public Procurement: A Preliminary Enquiry, Sope Williams-Elegbe

  • 6. Settlements within the World Bank Group Sanctions System, Pascal Hélène Dubois, Kathleen M. Peters, and Roberta Berzero

• Part II: DETERRENCE

  • 7. Prosecutors’ discretionary authority in efficient law enforcement systems, Tina Søreide and Kasper Vagle

  • 8. The potential promise and perils of introducing deferred prosecution agreements outside the U.S., Jennifer Arlen

  • 9. Incentives for self-reporting and cooperation, Lucinda A. Low and Brittany Prelogar

  • 10. The DOJ’s Anti-Piling on Policy: Time to Reflect?, Sharon Oded
    

• Part III: JUSTICE

  • 11. What counts as a good settlement?, Kevin E. Davis

  • 12. Corporate compliance and privatization of law enforcement: A study of Italian legislation in the light of the U.S. experience, Simone Lonati and Leonardo S. Borlini

  • 13. Justice for whom? The need for a principled approach to Deferred Prosecution Agreements in England and Wales, usan Hawley, Colin King, and Nicholas Lord

Praktische informatie

• Titel: Negotiated Settlements in Bribery Cases A Principled Approach

• Edited by Tina Søreide, Department of Accounting, Auditing and Law, Norwegian School of Economics (NHH), Norway and Abiola Makinwa, The Hague University of Applied Sciences, The Hague, the Netherlands

• Publication Date: April 2020

• ISBN: 978 1 78897 040 2

• Extent: 384 pp

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