Left Out of the Bargain : Settlements in Foreign Bribery Cases and Implications for Asset Recovery.
Title:
Left Out of the Bargain : Settlements in Foreign Bribery Cases and Implications for Asset Recovery.
Author:
Oduor, Jacinta Anyango.
ISBN:
9781464800870
Personal Author:
Physical Description:
1 online resource (181 pages)
Series:
Star Initiative
Contents:
Cover -- Contents -- Contributors -- Acknowledgments -- Abbreviations -- Executive Summary -- 1. Key Findings -- 2. Additional Observations -- 3. StAR's Proposals -- Introduction -- 1. Background -- 2. United Nations Convention against Corruption: Setting the Stage -- 3. Methodology and Overview of the Study -- 1. Settlements in Foreign Bribery Cases -- 1. Defining the Term Settlement -- 2. Legal Frameworks for Settlements -- 3. Shortened Criminal Procedures and Other Forms in Certain Civil Law Countries -- 3.1 Switzerland -- 3.2 Norway -- 3.3 Italy -- 3.4 Germany -- 4. Guilty Pleas, Civil Liability, and Other Forms in Certain Common Law Countries -- 4.1 United Kingdom -- 4.2 Canada -- 4.3 Nigeria -- 4.4 United States -- 2. Common Threads and General Observations about Settlements -- 1. Criteria for Understanding Settlements -- 1.1 Forms of Legal Liability: Criminal, Civil, and Administrative -- 1.2 Judicial Oversight -- 1.3 Transparency -- 2. Terms Typically Included in Settlements -- 3. The Role of International Organizations in Settlements -- 4. The Rationale behind Settlements -- 5. Trends and Developments -- 5.1 General Trends -- 5.2 Developments in Countries Whose Officials Have Been the Object of Alleged Bribes -- 3. The Impact of Settlements on Pending and Future Cases in Other Jurisdictions -- 1. The Principles of Ne Bis in Idem and Double Jeopardy -- 2. International Cooperation and Mutual Legal Assistance -- 4. Implications of Settlements on Asset Recovery -- 1. Recovering Assets in the Context of Settlements: The Current State of Affairs -- 1.1 Combination and Ratio of Monetary Sanctions: Sample Jurisdictional Comparisons -- 1.2 Monetary Sanctions Imposed -- 1.3 Involvement of Public Procurement Contracts and State-Owned Enterprises -- 2. Barriers to Asset Recovery in the Context of Settlements.
3. Modes of Participation in Criminal Enforcement Actions for the Purpose of Asset Recovery -- 3.1 Participation of Affected Countries through Formal Legal Avenues -- 3.2 Participation in Criminal Enforcement Action in Civil Law Jurisdictions -- 3.3 Restitution and Compensation in Common Law Jurisdictions -- 3.4 Participation of Affected Countries in Settlements through Other Avenues -- 4. Conclusion -- 5. Conclusions -- 6. Case Summaries -- 1. Alcatel-Lucent (Costa Rica and United States) -- 2. Alstom (Switzerland, Tunisia, Latvia, Malaysia, and World Bank) -- 3. BAE Systems (Tanzania, United Kingdom, and United States) -- 4. Daimler (More than 22 Countries) -- 5. Haiti Teleco (Haiti and United States) -- 6. Innospec (United Kingdom and United States) -- 7. Johnson & Johnson (Greece, United Kingdom, and United States) -- 8. Mabey & Johnson (Ghana, Iraq, Jamaica, and United Kingdom) -- 9. Macmillan Publishers (United Kingdom and World Bank) -- 10. Mercator/Giffen et al. (Kazakhstan, Switzerland, and United States) -- 11. Schneider Electric (Lesotho) -- 12. Siemens AG (Germany, Greece, Italy, Nigeria, United States, and others) -- 13. Statoil (Norway and United States) -- 14. TSKJ Consortium (Nigeria, United Kingdom, and United States) -- Appendix I: Forms of Legal Remedies Relevant to Foreign Bribery Cases -- 1. Confiscation: Criminal, Civil, and Administrative -- 2. Compensation: Criminal and Civil -- 3. Disgorgement: Civil Remedy Variation on Confiscation -- 4. Restitution: Criminal and Civil -- 5. Fines: Criminal and Civil -- 6. Reparations: Gratuitous and/or Voluntary Payments -- Appendix II: U.K. Remedies -- 1. Criminal Remedies -- 2. Civil Remedies -- Appendix III: Settlements Cases Database: Methodology -- StAR Database of Settlements of Foreign Bribery and Related Cases -- 1. Details of the Settlements Cases Database.
1.1 Time Period Covered -- 1.2 "Case" Defined -- 1.3 Sources Used -- 2. Explanation of Fields and a Sample Entry -- Appendix IV: Glossary -- A -- C -- D -- F -- I -- L -- M -- N -- O -- P -- R -- S -- U -- Boxes -- I.1 A Time for Action, 2010 ICHA Meeting Report -- 1.1 Elements of a Deferred Prosecution Agreement: Alcatel-Lucent SA and the Department of Justice, in the United States District Court, Southern District of Florida -- 3.1 Practices to Promote International Cooperation in Cases of Prior or Pending Settlement -- 4.1 Components of Monetary Sanctions -- 4.2 NGOs as Parties Civiles -- Figures -- 1.1 U.K. Settled Enforcement Actions by Legal Form of Settlement (as of July 3, 2012) -- 1.2 U.S. DOJ FCPA Enforcement Actions (June 1979-January 2012) -- 1.3 Principles of Federal Prosecution of Business Organizations and Prosecutors' Decisions to Decline Prosecution, Enter into a DPA or NPA, or Prosecute -- 2.1 Timeline of Settlements in Various Cases against Siemens -- 3.1 Settlements in Multiple Jurisdictions by a Multinational Corporation Involved in a Bribery Scheme Related to the Bonny Island Liquefied Natural Gas Project (Nigeria) -- 3.2 Settlements in Foreign Bribery Cases Settled across Multiple Jurisdictions -- B4.1.1 Methods for Recovering the Proceeds of Corruption -- 4.1 Alstom: Swiss Settlement -- 4.2 BAE Systems: U.K. Settlement -- 4.3 Alcatel Lucent: U.S. Settlement -- 4.4 Monetary Sanctions in Settlements of Criminal Foreign Bribery and Related Cases -- 4.5 Monetary Sanctions in Civil and Administrative Settlements of Foreign Bribery and Related Cases -- 4.6 Total Monetary Sanctions and Assets Returned or Ordered Returned Where Jurisdiction of Settlement Differed from Jurisdiction of Foreign Public Officials -- 4.7 Sector Involvement in Foreign Bribery and Related Cases -- Map -- 4.1 Assets Returned by 30 OECD Countries (2006-09).
Tables -- 1.1 Settlements of Foreign Bribery and Related Offenses Cases, 1999 through July 3, 2012 -- 1.2 Settlements by Type of Legal System: Civil and Common Law Jurisdictions -- 2.1 Forms of Liability in Public Legal Actions: Criminal, Civil, and Administrative -- 2.2a: Settlements: Criminal Forms and Sanctions -- 2.2b: Settlements: Civil Forms and Sanctions -- 4.1 Assets Returned/Ordered Returned Where the Jurisdiction of Enforcement and the Jurisdiction of Allegedly Bribed Foreign Public Officials Were the Same -- 4.2 Assets Returned/Ordered Returned Where the Jurisdiction of Enforcement and Jurisdiction of Foreign Public Officials Were Different -- 4.3 Other Asset Returns -- A3.1 Fields and Their Breakdowns in the Settlements Database -- A3.2 Sample Entry in Settlements Database.
Abstract:
Over the past decade, countries have increasingly used settlements-that is, any procedure short of a full trial-to conclude foreign bribery cases and have imposed billions in monetary sanctions. There exists a gap in knowledge, however, regarding settlement practices around the world and the disposition of these monetary sanctions-notably through the lens of recovery of stolen assets. Left out of the Bargain, a study by the Stolen Asset Recovery Initiative (StAR), provides an overview of settlement practices by civil and common law countries that have been active in the fight against foreign bribery. Using the United Nations Convention against Corruption (UNCAC) as its point of reference, the study addresses concerns voiced by the international community: What happens to the money associated with the settlements, and is it being returned to those most directly harmed by the corrupt practices? And what can be done to assist those countries harmed by foreign bribery? Left out of the Bargain has found that 395 settlement cases took place between 1999 and mid-2012, resulting in a total of US6.9 billion in monetary sanctions imposed against companies and individuals. Of this amount, nearly US6 billion came from settlements that took place in a country different from that of the allegedly bribed foreign public officials. But only about US197 million, or 3 percent, has been returned or ordered returned to the countries whose officials were accused of accepting bribes. Left out of the Bargain urges countries whose officials were allegedly bribed to intensify their efforts to investigate and prosecute the providers and recipients of foreign bribes, hence improving these countries' prospects for recovery of assets lost through corruption. The study also calls for more proactive international cooperation and coordination to ensure that all affected
countries are afforded the opportunity to seek redress for harms suffered and for the recovery of assets-thus fulfilling the principles set out in UNCAC.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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