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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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Negotiated Settlements in Bribery Cases: A Principled Approach

Edited by: Tina Soreide, Abiola Makinwa

ISBN13: 9781788970402
To be Published: April 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £110.00

Achieving effective enforcement in cases of complex, multi-layered, multi-jurisdictional acts of bribery that occur in utmost secrecy is a challenging area of corporate crime enforcement. This thought-provoking book examines the scope, benefits and challenges of negotiated settlements – a form of non-trial enforcement – as a mechanism, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery.

Written by a global team of experts with backgrounds in legal practice, policy work and academia, this timely book offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions. Drawing on recent empirical research, the contributors’ analyses of these settlements in the context of fundamental criminal law principles offer unique insight and functional solutions to the difficult problem of holding corporations liable for crime.

The book’s deep reflection on criminal law principles will be beneficial for scholars and students of economic crime, corruption and criminal law. Equally, its contributions to a policy area undergoing rapid development will be invaluable for policymakers, enforcement practitioners and government officials.

Criminal Law, International Criminal Law
Drago Kos
1. Introduction
Abiola Makinwa and Tina Søreide
2. Negotiated settlements in a broader law enforcement context
Mark Pieth
3. The path of FCPA settlements
Brandon Garrett
4. Public/Private Co-operation in Anti-Bribery Enforcement: Non-Trial Resolutions as a Panacea?
Abiola Makinwa
5. The Implications of Negotiated Settlements for Debarment in Public Procurement: A Preliminary Enquiry
Sope Williams-Elegbe
6. Settlements within the World Bank Group Sanctions System
Pascal Hélène Dubois, Kathleen May Peters, and Roberta Berzero
7. Prosecutors’ discretionary authority in efficient law enforcement systems
Tina Søreide and Kasper Vagle
8. The potential promise and perils of introducing deferred prosecution agreements outside the U.S.
Jennifer Arlen
9. Incentives for self-reporting and cooperation
Lucinda A. Low and Brittany Prelogar
10. The DOJ’s Anti-Piling on Policy: Time to Reflect?
Sharon Oded
11. What counts as a good settlement?
Kevin E. Davis
12. Corporate compliance and privatization of law enforcement
Leonardo S. Borlini and Simone Lonati
13. Justice for whom? The need for a principled approach to Deferred Prosecution Agreements in England and Wales
Susan Hawley, Colin King, and Nicholas Lord