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Australia

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 21744 words.

Australia’s anti-bribery and anti-corruption laws appear simple in expression but have proved illusive in securing successful prosecutions. The structure of the foreign bribery offense is...

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Brazil

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 6101 words.

In recent years, Brazil has become a major player in anti-corruption investigations and enforcement worldwide. The adoption of the Clean Company Act in 2013 signified a new chapter in...

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Canada

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 13293 words.

Like many OECD signatory countries, Canada has a checkered and inconsistent history of enforcement in relation to bribery and corruption offenses. In the past five years, however, Canada...

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“Carbon-Copy Prosecutions”: A Multi-Dimensional Enforcement Paradigm that is Here to Stay

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 13382 words.

One emerging transnational trend in anti-corruption efforts is the phenomenon of “carbon-copy prosecutions”: when foreign or domestic Jurisdiction A files charges based on a guilty plea or...

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China

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 13285 words.

China’s anti-corruption legislation prohibits both official corruption and commercial bribery. China is a civil law country. It does not have a uniform national anti-corruption law yet, and...

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Company Cooperation and U.S. Sentencing Guidelines

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 1671 words.

The U.S. Sentencing Commission has changed how the U.S. Sentencing Guidelines calculate fines for certain defendant companies. The amendments, effective November 1, 2010, make more readily...

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Conclusion

Edited by T. Markus Funk and Andrew S. Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 420 words.

As we hope the foregoing chapters have underscored, it is high time that practitioners of the compliance, regulatory, and investigative arts recognize not only that other countries have...

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Corporate Monitors and the Monitorship Process

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 8655 words.

The prospect of a Foreign Corrupt Practices Act monitor is an unpleasant one for a company that just emerged from what likely was a long, expensive, and invasive investigation and wants to...

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Cuba

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 6888 words.

Cuba has long been saddled with a culture of corruption. A lengthy history of colonialism and a state-controlled economy have produced a country with a weak economy, product shortages, low...

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Deferred Prosecution Agreements, Nonprosecution Agreements, and Corporate Integrity Agreements

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 6806 words.

Companies—especially publicly traded companies—do not want to go to trial in criminal cases. In fact, they do not want to be indicted at all. Indictment, let alone trial, can have serious...

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The Delicate Task: Guide to Investigating Allegations of Company-Internal Misconduct

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 9002 words.

Conducting internal investigations requires a delicate balancing act for lawyers. The most immediate goal of any internal investigation is discovering the truth. But in the complicated real...

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Department of Justice’s New Revised FCPA Corporate Enforcement Policy

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 1604 words.

On November 29, 2017, Deputy Attorney General (DAG) Rod Rosenstein announced a new and significant shift in the Department of Justice’s Enforcement Policy for the FCPA. The Policy is...

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France

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 17425 words.

Since the introduction of the offense of bribery of foreign public officials under French law in 2000, France has made undeniable progress in combating corruption. Numerous reforms have...

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From Baksheesh to Bribery

Edited by T. Markus Funk and Andrew S. Boutros.

May 2019; p ublished online May 2019 .

Book. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 720 pages.

To many practitioners there is the FCPA, the UK Bribery Act, and then “everything else.” But other countries’ anti-corruption laws, for example those of Germany, can play a key role in...

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Germany

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 10764 words.

Germany is currently ranked among the top 12 in the Transparency International Corruption Perception Index. The country achieved this ranking through substantial efforts in the last decades...

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Global Developments in, and Evolution of, Third-Party Due Diligence

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 9837 words.

Third-party due diligence is a critical element in any anti-bribery compliance program. This chapter discusses the risks posed by the use of third-party agents and intermediaries and how...

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Guatemala

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 7520 words.

This chapter provides an overview of Guatemala’s expanding anti-corruption legislation, which criminalizes certain types of corruption involving both domestic and foreign public officials....

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Increasing Accountability and Reducing Corruption: the World Bank’s Anti-Corruption System

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 5462 words.

As part of its development efforts, the World Bank has a fiduciary duty to ensure that its funds are used for their intended purposes and with due attention to economy and efficiency. In...

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India

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 11992 words.

This chapter discusses the various laws and enforcement agencies in India relating to the investigation and criminalization of bribery and related offenses. Although India’s principal...

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Indonesia

Andrew Boutros.

in From Baksheesh to Bribery

May 2019; p ublished online May 2019 .

Chapter. Subjects: Company and Commercial Law; Criminal Law; Criminology and Criminal Justice. 13845 words.

Indonesia continues to make steady progress strengthening its anti-corruption framework, adopting new anti-corruption laws, and prosecuting those who run afoul of them. At the same time,...

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