Jump to ContentJump to Main Navigation

You are looking at 1-20 of 21 items

  • Keywords: FCPA x
Clear All Modify Search

View:

Between Impunity and Imperialism: The Regulation of Transnational Bribery

Kevin E. Davis

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190070809
eISBN:
9780190070830
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070809.001.0001
Subject:
Law, Public International Law

Between Impunity and Imperialism: The Regulation of Transnational Bribery describes the legal regime that regulates transnational bribery, identifies and explains the rationales that have guided its ... More


From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

T. Markus Funk and Andrew S. Boutros (eds)

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.001.0001
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

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 ... More


United States

Stuart H. Deming

in Anti-Bribery Laws in Common Law Jurisdictions

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199737710
eISBN:
9780199363070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737710.003.0009
Subject:
Law, Private International Law, Comparative Law

The United States implementation of the OECD Convention was relatively minor since it already had the Foreign Corrupt Practices Act (FCPA). Subject to territorial and nationality jurisdiction, the ... More


The Pharmaceutical Industry

Mark Pieth

in Confronting Corruption: Past Concerns, Present Challenges, and Future Strategies

Published in print:
2018
Published Online:
December 2017
ISBN:
9780190458331
eISBN:
9780190458379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190458331.003.0014
Subject:
Law, Private International Law, Public International Law

This chapter focuses on the pharmaceutical industry, which faces some very straightforward corruption risks, just as real as any other sector. Their sales force has been buying prescriptions, and ... More


Department of Justice’s New Revised FCPA Corporate Enforcement Policy

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0028
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

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 designed to ... More


Anti-Bribery Laws in Common Law Jurisdictions

Stuart H. Deming

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199737710
eISBN:
9780199363070
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737710.001.0001
Subject:
Law, Private International Law, Comparative Law

This book provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For Australia, Canada, Ireland, New Zealand, ... More


Overview

Stuart H. Deming

in Anti-Bribery Laws in Common Law Jurisdictions

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199737710
eISBN:
9780199363070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737710.003.0001
Subject:
Law, Private International Law, Comparative Law

The legal regimes adopted and being implemented by parties to the OECD Convention flow from a common framework. Yet even when the anti-bribery legal regimes are virtually identical, the differences ... More


The Birth of Modern Transnational Bribery Law

Kevin E. Davis

in Between Impunity and Imperialism: The Regulation of Transnational Bribery

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190070809
eISBN:
9780190070830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070809.003.0003
Subject:
Law, Public International Law

This chapter traces the development of modern transnational bribery law in the United States. After a brief discussion of the U.S. Supreme Court’s decision in Oscanyan v. Arms Co., it traces the ... More


The United States: Foreign Corrupt Practices Act and Campaign Financing

Fritz Heimann

in Confronting Corruption: Past Concerns, Present Challenges, and Future Strategies

Published in print:
2018
Published Online:
December 2017
ISBN:
9780190458331
eISBN:
9780190458379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190458331.003.0006
Subject:
Law, Private International Law, Public International Law

Corruption has been a persistent issue in American history. This chapter begins with a discussion of the colonial period, in which gifts from the British Crown played an important role, so that ... More


South Africa

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0014
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

The South African legal regime recognizes the role of international law and treaties, and much of South Africa’s anti-corruption legislation has been enacted to give effect to various international ... More


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

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0018
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

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 charging ... More


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

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0019
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

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 world ... More


The Key Tools of the Trade in Transnational Bribery Investigations and Prosecutions: Mutual Legal Assistance Treaties (MLATs) and Letters Rogatory

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0020
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

The investigation of corruption, bribery, and similar transnational criminal conduct, like the discovery process for transnational civil proceedings, often involves gathering evidence located in ... More


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

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0021
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

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 those risks ... More


Corporate Monitors and the Monitorship Process

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0024
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

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 get back ... More


Voluntary Disclosures

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0025
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

In the course of doing business, company managers may discover that the company has violated the law, thereby exposing the company to potential civil or criminal liability. When this occurs, an ... More


Deferred Prosecution Agreements, Nonprosecution Agreements, and Corporate Integrity Agreements

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0026
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

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 ... More


Company Cooperation and U.S. Sentencing Guidelines

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0027
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

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 available ... More


On the Anti-Bribery “Watchlist”: Compliance and Labor/Anti-Trafficking Issues

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0029
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

Today’s companies must understand and prevent the myriad problems flowing from labor issues. Increasingly demanding, serious compliance attention and resources are now being focused on the emerging ... More


Private Sector Response to Corruption

Fritz Heimann

in Confronting Corruption: Past Concerns, Present Challenges, and Future Strategies

Published in print:
2018
Published Online:
December 2017
ISBN:
9780190458331
eISBN:
9780190458379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190458331.003.0019
Subject:
Law, Private International Law, Public International Law

This chapter focuses on what has been done to combat corruption in the private sector starting in the United States with the Foreign Corrupt Practices Act (FCPA) in 1977: the first law that ... More


View: