Blog

 

Blog Editors: Jean-Pierre Méan – Nawal Aït-Hocine – Malika Aït-Mohamed Parent – Francesco Clementucci – Karen Egger

The opinions expressed in this blog are those of the individual author in his or her individual capacity and the information herein is not intended to constitute legal advice. Readers are encouraged to seek legal counsel regarding anti-corruption laws or any other legal issue.

Confiscation acquitted: EU law drops criminal charges

Posted by on Avr 14, 2020 in Blog | 0 comments

 

F. Clementucci

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. (suite…)

Re-Imagining Corporate Accountability on a Multilateral Scale

Posted by on Avr 7, 2020 in Blog | 0 comments

Marc Tassé 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 criminal punishment to preventative measures.

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The Panama Papers and the emergence of anti-corruption compliance

Posted by on Fév 11, 2020 in Blog | 0 comments

Marc Tassé

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.

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Keys to an Effective Anti-Corruption Ethics and Compliance Program

Posted by on Déc 3, 2019 in Blog | 1 comment

Marc Tassé

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.

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Cross-fertilization of integrity principles

Posted by on Nov 5, 2019 in Blog | 0 comments

 

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 banking and finance sector, later spreading to other fields of private economic activity until it was finally generalised by decree 231 of 2001.

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Corruption in Latin America: The Odebrecht scandal in Brazil

Posted by on Oct 22, 2019 in Blog | 0 comments

By David Simpson
Published 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. 

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The Global Corruption Index – A new instrument to apprehend the un-apprehensible

Posted by on Oct 16, 2019 in Blog | 0 comments

Jean-Pierre Méan

By Jean-Pierre Méan

Published on Tuesday October 15, 2019

 

  Corruption is a (poisonous) flower that prospers in the dark. Both the act of corruption (in short the granting of an undue advantage in exchange for an improper advantage, the (in)famous quid pro quo) and the fruits of this act are hidden or disguised in order to appear legitimate. This makes it quite difficult to measure corruption even though it is possible to get a general idea of the level of corruption from individual instances where the hydra of corruption has risen its head to the surface of conscious perceptions.

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Whistleblowing in the age of the great divide

Posted by on Oct 3, 2019 in Blog | 0 comments

Jean-Pierre Méan

By Jean-Pierre Méan

Published on Thursday October 3, 2019

 

When divisions run deeper and deeper in a society, simple principles tend to be obscured by raging passions. This applies to all realms of life, including, as we can observe today, to whistleblowing. When the going gets tough, the toughs get going and the toughs are, more often than not, individuals who only have in common that they have no field experience of whistleblowing.

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Best practices on training executives on anti-corruption laws

Posted by on Sep 24, 2019 in Blog | 0 comments

Marc Tassé

By Marc Tassé 

Published on Tuesday September 24, 2019

 

Good strategists manage uncertainty by playing the probabilities, but too many executives use wishful thinking when it comes to anti-corruption compliance. Playing the probabilities means understanding the odds of success. Just 1 in 12 companies manages to mitigate reputational risk exposure resulting from non-compliance and therefore this result in a high level of reputational risk exposure.

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Establishing a Corporate Compliance Program is no longer “Nice to Have”, but rather a “Must Have”

Posted by on Sep 10, 2019 in Blog | 0 comments

Marc Tassé

By Marc Tassé 

Published on Tuesday September 10, 2019

Over the last few years we can observe a strong increase of international collaboration in enforcement by various authorities. Not only does this help bring international corruption cases to conclusion more quickly but it also gives a clear message to potential perpetrators: chances of getting caught are increasing.

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