FCPAméricas Blog

New Argentine Law on Corporate Liability and Compliance Programs for Certain Corruption Cases

Author: Guest Author

Macri3This guest post is from Gustavo Morales and Pedro Serrano, partners at the Marval, O’Farrell & Mairal, law firm in Argentina.

A new Argentine anti-corruption law was approved by Congress on November 8, 2017 and becomes enforceable 90 days after being promulgated by the President and published in the Official Gazette. Its five key aspects are described below.

Corporate Liability

The law makes legal entities criminally liable when the following crimes are committed, directly or indirectly, with their intervention or on their behalf, interest or benefit:

local or international bribery and influence peddling; negotiations that are incompatible with public office; illegal payments made to public officials under the a... Read more

Brazilian Federal Prosecutors Issue Guidance on Leniency Agreements

Author: Carlos Ayres

MPFOn August 24, 2017, the 5th Chamber of Federal Prosecutors, the body of the Brazilian Federal Prosecution Service dedicated to providing integration and coordination in the fight against corruption and responsible for ratifying leniency agreements signed by federal prosecutors, issued guidelines 07/2017 on leniency agreements for Brazilian Federal Prosecutors.

There is no new and significant information in the guidelines for those handling leniency agreements with federal prosecutors in Brazil. The guidelines formalize in a written document some practices that Federal Prosecutors have been adopting in settlement negotiations and agreements they sign in bribery-related cases. The guidelines, however, are a welcome development as they provide helpful information for compan... Read more

Tainted Anti-Graft Institutions Threaten Recent Anti-Corruption Progress in Latin America

Author: Guest Author

ColombiaCorruptionThis guest post is from Tony Ji, a student at Harvard Law School who worked as a Summer Associate at Miller & Chevalier in the Summer of 2017.

A prior post highlights positive developments in the fight against corruption in Latin America, including public sector reforms and business compliance programs. This post discusses one threat that could derail the progress – corruption within the anti-graft authorities – and how international cooperation may be part of the solution.

Anti-corruption institutions such as special p... Read more


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