Blog

Confiscation acquitted: EU law drops criminal charges

  By Francesco Clementucci Published on Tuesday April 14, 2020   Confiscation of illicit funds represents an essential instrument for deterring and effectively combatting corruption, including the recovery of funds and reparation for victims. Typically, confiscation takes place following a wrongdoer’s conviction or indictment. However, successfully convicting criminals is hard, especially in international cases. Non-conviction based (NCB) confiscations can greatly facilitate this task. While the judgment of the criminal person aims at stopping criminals from committing further...

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Re-Imagining Corporate Accountability on a Multilateral Scale

 By Marc Tassé and Noah Archinoff Published on Tuesday April 7, 2020     How do you hold an entity which only exists on paper accountable for a criminal offence? Dealing with corporate corruption has recently veered away from traditional criminal legal proceedings. As discussed in the OECD’s 2018 report,1 non-trial resolutions have accounted for 78 per cent of all corruption enforcement proceedings in states that are signatories to the OECD Convention.2 Creative means are being increasingly employed to imbue responsible behaviour on corporate offenders, often aimed at shifting the focus from...

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The Panama Papers and the emergence of anti-corruption compliance

By Marc Tassé  Published on Tuesday February 11, 2020     While the leaks continue from the “Panama Papers”, continuing to make headlines around the world, and as the related scandals intensify, there have been numerous articles written on the whole topic. My following comments and remarks take under consideration and outline some of those and my own comments. The International Consortium of Investigative Journalists obtained millions of documents showing heads of state, lawbreakers and celebrities using secret hideaways in tax havens. Files reveal the offshore holdings of 140...

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Keys to an Effective Anti-Corruption Ethics and Compliance Program

By Marc Tassé  Published on Tuesday December 3, 2019     Businesses are coming under increased scrutiny, both at home and abroad, to ensure that their domestic and foreign operations comply with anti-corruption and anti-bribery legislation. International trends towards tougher legislation and increased enforcement of anti-corruption laws internationally make non-compliance a real risk that companies must address as a business priority. There are significant financial, business, and reputational repercussions to not having an anti-corruption policy and effective compliance program in...

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Cross-fertilization of integrity principles

  By Francesco Clementucci* Published on Tuesday November 5, 2019   Integrity principles do circulate and fertilize other actors and sectors. This inter-models fertilization takes place through processes that are entirely domestic to the Italian legal system. The anti-corruption measures established under the “Severino Law” are clearly inspired by the compliance programmes system set under Legislative Decree n. 231/2001. This instance of “horizontal fertilization” within the Italian legal system is further exemplified by observing how the programme strategy first originated in the...

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Corruption in Latin America: The Odebrecht scandal in Brazil

By David SimpsonPublished on Tuesday October 22, 2019     It has been a few years now since the infamous Operation Car Wash scandal broke in Brazil. Despite this, it continues to entangle business leaders, politicians and other stakeholders in a swampy and fetid mess up until present day.  In this video we re-examine one of the biggest bribery and corruption scandals in Latin American history – and the involvement of the engineering firm Odebrecht (which admitted in 2016 to paying over $800 million in bribes and was forced to pay an eye watering fine of $3.5 billion as part of a settlement...

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