Pre-Trial Agreements | The FCPA Blog

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Posts Tagged: Pre-Trial Agreements

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

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

NGOs to OECD: Corporate pretrial agreements can work, but we still need deterrence

Susan Hawley March 15, 2016

The OECD is hosting an Anti-Bribery Ministerial meeting Wednesday (March 16) to discuss how to strengthen implementation of its Anti-Bribery Convention. One of the issues on the table for discussion is how to encourage voluntary disclosure by companies of wrongdoing and how settlements can be used to do that.… 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

Ralph Lauren lands first double non-prosecution deal for Argentina bribes

Richard L. Cassin April 22, 2013

Ralph Lauren Corporation will pay $1.6 million in combined penalties to the DOJ and SEC in exchange for unprecedented dual non-prosecution agreements after admitting its Argentina subsidiary paid bribes to government and customs officials.… Continue Reading

DPAs – A new prosecution tool or a blunt instrument?

Bill Waite October 12, 2012

When Edward Garnier Q.C M.P was unceremoniously and, in my view, wrongly fired by David Cameron in September, Dominic Grieve, the Attorney General said of him:

“I also wish to pay tribute to the outgoing Solicitor General, Edward Garnier QC MP, whose stalwart support and wise counsel have been invaluable to me over the past two years.… Continue Reading

Professor Podgor Pops The Question

Richard L. Cassin November 4, 2009

With so much to lose by going to trial, how many organizations and people will plead guilty to white collar crimes they didn’t commit? Ellen Podgor (left) of Stetson University College of Law and the White Collar Crime Prof Blog asks that question in her latest essay, “White Collar Innocence: Irrelevant in the High Stakes Risk Game.”… Continue Reading

Dealing With The DOJ

Richard L. Cassin January 27, 2009

The Justice Department resolves corporate FCPA enforcement actions these days by using deferred and non-prosecution agreements. And the go-to guys for information about them are Ryan McConnell, an Assistant United States Attorney in Houston, and Larry Finder, a partner in Houston with Haynes and Boone.… Continue Reading