Elisabeth Danon | The FCPA Blog

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Elisabeth Danon on the globalization of deferred prosecution agreements

Elisabeth Danon May 10, 2017

Driven by the complexity and international dimension of investigations, countries increasingly resort to settlements, rather than traditional justice, to solve foreign bribery allegations.

In 2014, the OECD reported that 69 percent of the cases successfully concluded by member countries since the adoption of the Anti-bribery Convention were resolved through a settlement.… Continue Reading

Canada charges businessman with overseas bribery conspiracy

Elisabeth Danon April 12, 2017

The Royal Canadian Mounted Police (RCMP) charged the head of a commercial aircraft company with conspiring to bribe military officials in Thailand. The alleged conspiracy is connected to a deal involving aircraft from the Thailand national airline.… Continue Reading

Elisabeth Danon: New World Bank report benchmarks public procurement practices

Elisabeth Danon December 28, 2016

The World Bank Group issued the 2017 edition of its yearly Benchmarking Public Procurement report earlier this month.

The report collects and analyzes data from procurement experts and practitioners across the globe, with the goal of determining the ease with which private sector companies enter and navigate domestic public procurement markets.… Continue Reading

In Phase 4 reviews, OECD Working Group wants to identify and share good practices

Elisabeth Danon September 27, 2016

The OECD recently published a resources booklet for the fourth round of country monitoring under the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

While the format of the evaluations will be seemingly the same as in the prior round, the content will have a more topical axis, the main purpose being to focus on three horizontal issues: detection of the foreign bribery offense, enforcement, and liability of legal persons.… Continue Reading

France: Foreign anti-bribery bill won’t allow corporate settlements

Elisabeth Danon March 28, 2016

The French bill for Transparency and Modernization of Economic Life, which, among other things, aims at preventing foreign bribery and intensifying the fight against it, has been the subject of much speculation during the past few months.… Continue Reading

UK Bribery Act: Pre-trial agreements are a turning point for global enforcement

Elisabeth Danon February 18, 2016

The first negotiated settlement of a corporate bribery investigation under the UK Bribery Act involved a deferred prosecution agreement between the Serious Fraud Office and ICBC Standard Bank. That case is a turning point in the enforcement history of the UK Bribery Act and, at a global level, it fuels the debate about the use of settlements to resolve foreign bribery charges.… Continue Reading

The case for harmonized standards on facilitation payments

Elisabeth Danon December 27, 2013

Reports that the UK Government is considering reviewing the Bribery Act’s approach to facilitation payments have been the subject of much controversy in the past few months. Beyond the geographical confines of the UK, the project should trigger a bigger discussion on the lack of harmonized standards on facilitation payments among OECD countries.… Continue Reading

France creates a new anti-corruption office

Elisabeth Danon December 3, 2013

Last October, the French government created the Central Office Against Corruption, Financial and Fiscal Offences. The Office is part of a broader reform project that aims to strengthen the fight against financial crimes in France.… Continue Reading

French court clarifies foreign bribery law, but restricts it

Elisabeth Danon October 14, 2013

In July, the Paris Regional Criminal Court acquitted French oil company Total SA and its managers of foreign bribery charges in the infamous Oil For Food case.

The decision was long awaited.… Continue Reading

Small companies: Still vulnerable despite enforcement gains

Elisabeth Danon August 23, 2013

In the past few years, efforts by the Securities and Exchange Commission and the Department of Justice to enforce the FCPA have intensified at a steady pace, making it harder for U.S.… Continue Reading