FCPAméricas Blog
Archive for World Bank category:
Cross-Debarment and Conflict of Laws: The next big challenge for World Bank and MDB sanctions
10.09.2012
Today the World Bank hosts a colloquium on suspension and debarment joined by several multilateral development banks (MDBs). It is a fitting time to highlight the next big challenge facing their coordinated efforts to sanction the companies and individuals found to have committed corruption, fraud, and collusion in development projects – potential conflict of laws […]
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World Bank Sanctions: Formal Evidentiary Rules Don’t Apply
8.31.2012
In the World Bank sanctions program, “[f]ormal rules of evidence shall not apply.” See Section 7.01 of the Sanctions Procedures. Indeed, the World Bank Sanctions Board has a high degree of discretion when considering evidence of corruption, fraud, and collusion. It has the authority to consider the “relevance, materiality, weight, and sufficiency” of “any kind […]
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World Bank Sanctions: Theories of Liability for Corruption, Fraud, and Collusion
8.09.2012
In a previous post, FCPAméricas provided “big picture” guidance for lawyers who work on World Bank sanctions matters. In this post, we provide an overview of the theories of liability for corruption, fraud, and collusion that the Sanctions Board has applied in the first cases it has considered. These are the theories on which the […]
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World Bank Sanctions: Guidance for Practitioners
8.06.2012
The World Bank sanctions system has teeth. Just ask Oxford University Press, Alstom, KBR, and the more than eighty other companies and individuals debarred over the last year for violating the Bank’s Procurement Guidelines and Consultant Guidelines with corruption, fraud, or collusion. Or ask the numerous entities currently under investigation by the Bank’s Integrity Vice […]
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“Bad Press is the Worst Sanction”
3.09.2012
In Latin America, a company’s reputation matters. At least that is what a recent survey concluded after gauging factors that motivate businesses to counter corruption. The survey, conducted by Germany’s Humboldt-Viadrina School of Governance, reached out to business people, government officials, and civil society workers throughout the world to assess how incentives and sanctions affect […]