Left Out of the Bargain

Settlements in Foreign Bribery Cases and Implications for Asset Recovery

Jacinta Anyango Oduor, Francisca M.U. Fernando, Agustin Flah, Dorothee Gottwald, Jeanne M. Hauch, Marianne Mathias, Ji Won Park, Oliver Stolpe

• Publisher: World Bank Publications
• Year: 2013
• Topic: Business
• eBook ISBN:
  9781464800870
• Subtopic: Business Law
• Index: Business

Are settlements in foreign bribery cases undermining asset recovery efforts? This study examines settlements in foreign bribery cases and their implications for asset recovery, offering insights for legal practitioners, policymakers, and civil society organizations.

Left Out of the Bargain addresses the core issue of how monetary sanctions through settlements compare to UNCAC requirements for recovering proceeds of corruption. It explores the effect of settlements in one jurisdiction on investigations in another, raising questions about transparency, judicial review, and the impact on actions against bribe-givers and recipients.

Using case studies and legal analysis, this report maps the contours of settlements in both common and civil law jurisdictions. It identifies key features of settlements and recommends best practices, informed by UNCAC requirements, to ensure fairness and promote effective asset recovery. Discover how settlements can be reshaped to better serve justice and international cooperation.

Table of contents

• Cover
• Halftitle Page
• Stolen Asset Recovery (StAR) Series
• Title Page
• Copyright Page
• Contents
• Contributors
• Acknowledgments
• Abbreviations
• Executive Summary
• Introduction
• 1. Settlements in Foreign Bribery Cases
• 2. Common Threads and General Observations about Settlements
• 3. The Impact of Settlements on Pending and Future Cases in Other Jurisdictions
• 4. Implications of Settlements on Asset Recovery
• 5. Conclusions
• 6. Case Summaries
• Appendix I Forms of Legal Remedies Relevant to Foreign Bribery Cases
• Appendix II U.K. Remedies
• Appendix III Settlements Cases Database: Methodology
• Appendix IV Glossary
• Environmental Benefits Statement
• Back Cover
• I.1 A Time for Action, 2010 ICHA Meeting Report
• 1.1 Elements of a Deferred Prosecution Agreement: Alcatel-Lucent SA and the Department of Justice, in the United States District Court, Southern District of Florida
• 3.1 Practices to Promote International Cooperation in Cases of Prior or Pending Settlement
• 4.1 Components of Monetary Sanctions
• 1.1 U.K. Settled Enforcement Actions by Legal Form of Settlement (as of July 3, 2012)
• 2.1 Timeline of Settlements in Various Cases against Siemens
• 3.1 Settlements in Multiple Jurisdictions by a Multinational Corporation Involved in a Bribery Scheme Related to the Bonny Island Liquefied Natural Gas Project (Nigeria)
• B4.1.1 Methods for Recovering the Proceeds of Corruption
• 1.1 Settlements of Foreign Bribery and Related Offenses Cases, 1999 through July 3, 2012
• 2.1 Forms of Liability in Public Legal Actions: Criminal, Civil, and Administrative
• 4.1 Assets Returned/Ordered Returned Where the Jurisdiction of Enforcement and the Jurisdiction of Allegedly Bribed Foreign Public Officials Were the Same
• A3.1 Fields and Their Breakdowns in the Settlements Database