As Salomé Lemasson’s excellent post earlier this week reported, a new level of corporate accountability for overseas bribery and ESG is breaking out across Europe. That’s welcome news, especially to those of us who once wondered if corporations there would ever face the music.… Continue Reading
Posts Tagged: Corporate Criminal Liability
In the wake of Malaysia’s 14th General Elections in May this year, an important piece of legislation seems to have slipped under the radar.
The Malaysian Anti-Corruption Commission Act 2009 was amended to introduce corporate liability for bribery and corruption for the first time.… Continue Reading
Peru welcomed the new year by enacting into force Law 30424, which introduces corporate criminal liability applicable to bribery.
Peruvian law now recognizes the independent criminal liability of a legal person for local and foreign bribery, imposing sanctions ranging from fines, debarment from government contracting to dissolution of the legal entity.… Continue Reading
The lower house of Russia’s national legislature — the State Duma — has been considering draft amendments to the law on the criminal liability of a legal entity.
The main purpose of the amendments is compliance the Russian Criminal Code with international treaties (e.g.… Continue Reading
On June 30, the Justice Department and other federal and state agencies announced the long awaited settlement in the BNP case. The bank forfeited $8.8 billion and paid fines of $140 million for the “hat-trick of sanctions violations” — unlawfully offering the U.S.… Continue Reading
If a local manager in China pays bribes and is liable under the law, could his or her supervising executives in the U.S. or Europe also be held criminally responsible? Or should they shrug off the possible liabilities by claiming “the mountain is high, the emperor is far away?”… Continue Reading
Ukraine has revamped its anti-corruption laws. The most significant aspect of the new legislation is the introduction (scheduled for September 2014) of corporate criminal liability for companies whose employees offer or pay bribes, directly or indirectly, to public officials or officers of private companies. … Continue Reading
The criminal liability of corporations is an essential part of the fight against foreign bribery. Yet not every legal system views this area of law in the same way, and not everyone agrees on the best approach.… Continue Reading
Last week, Assistant AG Lanny A. Breuer, left, head of the DOJ’s criminal division, talked about the use and benefits of deferred prosecution agreements in corporate enforcement actions.
The United States has a long legal history of holding corporations criminally responsible for acts of employees and agents. But that concept never existed under German or French law, among others.… Continue Reading