Guest post by Jose E. Quiñones, a partner at Qil + 4 Abogados in Guatemala.
Guatemala is experiencing an unprecedented and well deserved offensive against corruption. An Ex-President and Vice-President along with many ex-cabinet members are currently being prosecuted for a growing array of crimes including passive graft, money laundering and tax fraud, among others. The indictments are being brought through the efforts of a UN sponsored commission that until recently had limited success in dismantling “organized crime”, its principal mandate. The revelations have exposed different corruption networks, involving accusations against attorneys, judges, and Court of Appeals and Supre... Read more
A client shipping company recently experienced a bribe demand during a port call in a high corruption risk jurisdiction. For some time in the shipping industry, there had been discussions as to whether it was best to leave these types of issues to experienced ship captains to handle, or if it was more effective to escalate them as a way to get corrupt officials to back down from their demands. In this case, escalation proved successful. Consider the following sequence of events:The ship was making a port call in a country known for corruption risk. During a routine inspection, local customs officials boarded the vessel. The officials reviewed documentation such as passports, seaman’s books, and vacci... Read more
This post was co-authored by Maryna Kavaleuskaya, a Law Clerk at Miller & Chevalier.
Extortion can be an unfortunate reality for those doing business in Latin America. Rural highway shakedowns and intimidation by military personnel can and does occur in places like Venezuela. Underpaid and corrupt local police in Mexico sometimes invent violations just to request payments to look the other way. Immigration officials in Nicarag... Read more