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
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.
‘Negotiated settlements resolve corporate corruption cases worldwide, but the practice is not standardized or well understood. Søreide and Makinwa’s excellent book consists of contributions from leading legal experts on the topic; it ought to be essential reading for both lawyers and anti-corruption campaigners. The contributors have no easy answers, highlighting both difficulties and strengths. But they stress the need for an international consensus to provide consistency and justice across legal regimes.’ – Susan Rose-Ackerman, Yale University, US
Contributors include: J. Arlen, R. Berzero, L. Borlini, K.E. Davis, P.H. Dubois, B. Garrett, S. Hawley, C. King, D. Kos, S. Lonati, N. Lord, L.A. Low, A. Makinwa, S. Oded, K.M. Peters, M. Pieth, B. Prelogar, T. Søreide, K. Vagle, S. Williams-Elegbe
Part I: CONTEXT 2. Negotiated settlements in a broader law enforcement context Mark Pieth 3. The path of FCPA settlements Brandon Garrett 4. Public/Private Co-operation in Anti-Bribery Enforcement: Non-Trial Resolutions as a Panacea? 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 May 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 Leonardo S. Borlini and Simone Lonati 13. Justice for whom? The need for a principled approach to Deferred Prosecution Agreements in England and Wales Susan Hawley, Colin King, and Nicholas Lord