International financial institutions, like the World Bank, play an increasingly important role in confronting companies and individuals who revert to unethical and unlawful conduct to gain a competitive advantage in the marketplace.… Continue Reading
Leniency programs (a.k.a. amnesty programs and deferred prosecution agreements) have so far proven the most successful and effective enforcement strategy tool, leading to its widespread adoption worldwide.
At the same time, the business community and competition authorities increasingly face a number of critical challenges to ensuring the continued incentivization and effectiveness of leniency programs.… Continue Reading
Singapore is the latest country to introduce legislation creating a deferred prosecution agreement (DPA) framework for scheduled crimes, potentially including corruption. The Singaporean parliament approved the new law in March as part of a wider package of reforms in the Criminal Justice Reform Act.… Continue Reading
The Canadian Government has announced that it will be moving forward, albeit slowly, with a Deferred Prosecution Agreement (DPA) system.
Perhaps it is the cold, lingering winter north of the border, but observers and concerned stakeholders continue to be frustrated with the very slow and opaque process and pace of this policy and legislative development.… Continue Reading
The Australian government has tabled a series of new laws covering foreign bribery and other economic offenses. If these are passed into law, as we expect, they will make it much easier to prosecute companies for bribery offenses committed either at home or abroad.… Continue Reading
There have been only two foreign bribery prosecutions in Australia — one involving banknote printing companies Securency and Note Printing Australia, and another involving the construction company Lifese.
Why so little enforcement activity?… Continue Reading
A report released Wednesday by Transparency International Canada recommends the government consider adopting legislation to create a deferred prosecution agreement scheme as a way to increase transparency and promote compliance.
“In the Canadian context, DPAs, if properly designed and implemented, have the potential to support increased enforcement of anti-corruption laws and increased self-disclosure and compliance by corporations,” TI-Canada said.… Continue Reading
France is the latest nation to join the anti-corruption fray, working to finalize a new law to fight corruption, foster transparency and modernize economic activity.
The proposed law — Sapin II — has eight main articles focused on the prevention of corruption and additional protections for whistleblowers, among other topics.… Continue Reading
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