Negotiated Settlements in Bribery Cases
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Negotiated Settlements in Bribery Cases

A Principled Approach

Edited by Tina Søreide and Abiola Makinwa

This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
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Chapter 5: The implications of negotiated settlements for debarment in public procurement: a preliminary enquiry

Sope Williams-Elegbe


Corporate criminal investigations and subsequent convictions will often lead to further consequences for a corporation, including reputational damage and additional administrative/civil law-based actions and penalties, such as debarment from future government contracts (public procurement) or the termination of existing government contracts. However, in some jurisdictions, corporations guilty of criminality are entering into negotiated settlements in the form of deferred or non-prosecution agreements, which often mean the corporation avoids criminal prosecution and conviction. This chapter examines the implications of these settlement actions on the debarment system and whether these settlements undermine the debarment system and anti-corruption enforcement in public procurement. The chapter highlights that the goals of a debarment system and the objectives of settlement actions are often mutually reinforcing, and although there are similarities in the nature of the factors that the debarment system and the system for settlements consider in permitting firms to avoid the most severe consequences of enforcement, there is a need for a uniform approach for the sake of coordinated responses in the fight against corporate corruption.

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