Hardback
Negotiated Settlements in Bribery Cases
A Principled Approach
9781788970402 Edward Elgar Publishing
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.
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Critical Acclaim
Contributors
Contents
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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.
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.
Critical Acclaim
‘An impressive group of legal scholars and practitioners from the US and Europe come together in this edited volume to reflect on the growing use of what the editors call “negotiated settlements” in corporate criminal law, or what many readers may know as deferred prosecution agreements. The book will appeal to scholars of international economic law, comparative criminal law, antibribery law and those with a general interest in the governance of global business. The chapters are accessible and provide a useful entry point for readers who may be encountering negotiated settlements for the first time. The volume will also be of interest to those more seasoned in the area.’
– Elizabeth Acorn, International and Comparative Law Quarterly
‘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
– Elizabeth Acorn, International and Comparative Law Quarterly
‘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
Contributors: J. Arlen, R. Berzero, L.S. Borlini, K.E. Davis, P.H. Dubois, B.L. 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
Contents
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
Susan Hawley, Colin King, and Nicholas Lord
Index
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
Susan Hawley, Colin King, and Nicholas Lord
Index
