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 9: Incentives for self-reporting and cooperation

Lucinda A. Low and Brittany Prelogar

Abstract

Over the past 20 years, the pace of enforcement of transnational bribery has accelerated both within the United States and globally. Multi-lateral investigations and resolutions of major transnational bribery cases are now becoming commonplace, significantly adding to the complexity of the voluntary disclosure calculus for companies. This chapter examines the role of the evolving policies governing enforcement of the U.S. Foreign Corrupt Practices Act in this emerging system of multilateral transnational bribery enforcement. It considers the lessons and implications of the U.S. experience, particularly surrounding the creation of incentives for voluntary disclosure, cooperation, and remediation to efficiently reach non-trial resolutions of transnational bribery matters. It then proposes general principles that could serve as a common, international basis for promoting the identification and efficient prosecution of transnational bribery offenses while promoting transparency and predictability for companies in today’s globalizing enforcement environment and remaining adaptable to varying national enforcement systems.

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