Left Out of the Bargain : Settlements in Foreign Bribery Cases and Implications for Asset Recovery

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 b

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Year of publication:	2013
Authors:	Oduor, Jacinta Anyango
Other Persons:	Fernando, Francisca M.U. (contributor) ; Flah, Agustin (contributor)
Publisher:	Washington : World Bank Publications
Subject:	Korruption \| Corruption \| Wirtschaftskriminalität \| Economic crime \| Strafverfahren \| Criminal procedure \| Welt \| World \| Rechtsdurchsetzung \| Law enforcement \| Strafrecht \| Criminal law

Extent:	Online-Ressource (181 p)
Series:	Star Initiative Stolen Asset Recovery Initiative
Type of publication:	Book / Working Paper
Language:	English
Notes:	Description based upon print version of record Cover; Contents; Contributors; Acknowledgments; Abbreviations; Executive Summary; 1. Key Findings; 2. Additional Observations; 3. StAR's Proposals; Introduction; 1. Background; Boxes; I.1 A Time for Action, 2010 ICHA Meeting Report; 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; 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. Legal Frameworks for Settlements3. 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; Figures; 1.1 U.K. Settled Enforcement Actions by Legal Form of Settlement (as of July 3, 2012); 4.2 Canada; 4.3 Nigeria; 4.4 United States; 1.2 U.S. DOJ FCPA Enforcement Actions (June 1979-January 2012) 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 Florida1.3 Principles of Federal Prosecution of Business Organizations and Prosecutors' Decisions to Decline Prosecution, Enter into a DPA or NPA, or Prosecute; 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; 2.1 Forms of Liability in Public Legal Actions: Criminal, Civil, and Administrative 1.3 Transparency2. Terms Typically Included in Settlements; 2.2a: Settlements: Criminal Forms and Sanctions; 2.2b: Settlements: Civil Forms and Sanctions; 3. The Role of International Organizations in Settlements; 4. The Rationale behind Settlements; 5. Trends and Developments; 5.1 General Trends; 2.1 Timeline of Settlements in Various Cases against Siemens; 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 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)2. International Cooperation and Mutual Legal Assistance; 3.2 Settlements in Foreign Bribery Cases Settled across Multiple Jurisdictions; 3.1 Practices to Promote International Cooperation in Cases of Prior or Pending Settlement; 4. Implications of Settlements on Asset Recovery; 1. Recovering Assets in the Context of Settlements: The Current State of Affairs; 4.1 Components of Monetary Sanctions B4.1.1 Methods for Recovering the Proceeds of Corruption en_US
ISBN:	978-1-4648-0086-3 ; 978-1-4648-0087-0
Other identifiers:	10.1596/978-1-4648-0086-3 [DOI] hdl:10986/16271 [Handle]
Source:	ECONIS - Online Catalogue of the ZBW

Persistent link: https://ebvufind01.dmz1.zbw.eu/10012550479