FCPAméricas Blog
The Problem with Leniency Agreements in Brazil
1.07.2014
One of the most innovative features of Brazil’s new Anti-Bribery Law is Chapter 5, which establishes the possibility of Leniency Agreements for companies. This is a new concept in Brazil’s anti-corruption arena. Under the plain language of the law, by entering into such agreements and satisfying their conditions, companies can reduce the applicable fines by up to two-thirds and be exempted from judicial and administrative sanctions.
To qualify for leniency, the collaboration between Brazilian enforcement and the companies must result in th... Read more
Restitution for Bribe Victims: U.S. obstacles vs. international trends
1.03.2014
Tom Waits sang, “the large print giveth, and the small print taketh away.” The same might be said for the notion of restitution for FCPA victims. As discussed in a previous post, U.S. law appears to obligate courts to order restitution for FCPA victims – at least in some cases – but restitution generally does not reach FCPA victims. This post reads the fine print that impedes such restitution, and identifies an international movement toward restitution for bribe victims.
Limits on Ordering Restitution
Courts have the au... Read more
How Lawyers Can Contribute to New Anti-Corruption Laws
12.27.2013
Today’s guest post is from Luz E. Nagle, a Professor at Stetson University College of Law who specializes in international law and international criminal law.
Legal professionals can play a vital role in the development and promotion of anti-corruption policies and regulations. Different ways that legal professionals can participate in national and international anti-corruption efforts was discussed recently at an international panel of experts at the Fifth Session of the Conference of the States Parties to the United Nations Convention against Corruption (UNCAC) in Panama City, Panama. The following is a summary of th... Read more
