Negotiated Settlements in Bribery Cases
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 10: The DOJs Anti-Piling On Policy: time to reflect?

Sharon Oded

Abstract

With the rise of globalization, corruption has become a prominent enemy of the world’s economy. Over time, numerous international initiatives_such as the OECD and United Nations conventions against foreign corruption_have enlisted a growing number of sovereign states to join in the global war against that enemy. As a consequence, global enhancement of anti-corruption enforcement often results in duplicative, multi-jurisdictional enforcement, i.e. multiple enforcement actions initiated against the same corporation by several authorities, in one or more jurisdictions, in relation to the same misconduct. This phenomenon, which was addressed by the U.S. Department of Justice (DOJ) in the Anti-Piling On Policy promulgated in May 2018, lies at the heart of this chapter. After identifying the practical implications of the newly promulgated policy in recent multi-jurisdictional enforcement cases—which have taken the form of (i) multi-jurisdictional cooperation, (ii) crediting, and (iii) sidestepping—this chapter analyzes recent multi-jurisdictional enforcement practices as formalized by the Anti-Piling On Policy, highlights several of their shortcomings and advocates the creation of a set of guiding principles which, if adopted by sovereign states, may enhance the effectiveness of the global fight against foreign corruption.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.