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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Bill Steinman
Contributing Editor

World Bank debars Odebrecht construction units for fraud and collusion

The World Bank Tuesday debarred Brazil-based engineering and construction company Construtora Norberto Odebrecht S.A. for three years for “fraudulent and collusive practices” during a project in Colombia.

Also debarred were Odebrecht construction subsidiaries based in Colombia, Chile, Panama, Peru, Barbados, Angola, the United States, Luxembourg, Austria, and the Cayman Islands.… Continue Reading

Colombia investigates deaths of Odebrecht witness, son

A witness in the Odebrecht corruption case in Colombia died this month at his home near Bogota of what appeared to be a heart attack. Three days later his son died from cyanide poisoning. 

The father, Jorge Enrique Pizano, was an auditor for the Ruta del Sol II road project in Colombia.Continue Reading

Mona Caroline Chammas: Leniency programs proliferate. For better or worse?

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

Karp and Mendelsohn: Is RBS the first enforcement action under DOJ policy against piling on?

On May 9 the DOJ announced a new policy concerning the coordination of penalties imposed by more than one regulator or law enforcement authority in corporate resolutions.  

This new policy (pdf) against “piling on” requires DOJ attorneys to “coordinate with one another to avoid the unnecessary imposition of duplicative fines, penalties, and/or forfeiture against [a] company,” and further instructs DOJ personnel to “endeavor, as appropriate, to .… Continue Reading

Tom Fox: For Odebrecht, the cost of bribery is still climbing

There is often discussion of the costs of bribery and corruption. Yet one question not often considered is the state of company after it goes through a corruption enforcement action.

The name Odebrecht is well known in the anti-bribery/anti-corruption world for having the world’s second largest corruption fine ($2.7 billion) in the United States, Brazil and Switzerland.… Continue Reading

Paw and Orihuela: The long shadow of Odebrecht’s corruption

For over a year, Brazilian federal police could not access the files on Marcelo Odebrecht’s notebook computer. They tried using the password from Marcelo’s cell phones, with no luck.

Even Marcelo himself could not access the computer, as his password had been generated by two different electronic tokens that change combination with each access, and he no longer had the tokens following his arrest.… Continue Reading