Negotiated Settlements in Bribery Cases

Edited by Tina Søreide, Professor of Law and Economics, Department of Accounting, Auditing and Law, Norwegian School of Economics, Norway and Abiola Makinwa, The Hague University of Applied Sciences, The Hague, the Netherlands

'Negotiated settlements resolve corporate corruption cases worldwide, but the practice is not standardized or well understood. Søreide and Makinwa's excellent book consists of contributions from leading legal experts on the topic; it ought to be essential reading for both lawyers and anti-corruption campaigners. The contributors have no easy answers, highlighting both difficulties and strengths. But they stress the need for an international consensus to provide consistency and justice across legal regimes.'--Susan Rose-Ackerman, Yale University, US

• Contents:Preface Foreword Drago Kos1.Introduction Abiola Makinwa and Tina Søreide Part I: CONTEXT2.Negotiated settlements in a broader law enforcement context Mark Pieth 3.The path of FCPA settlementsBrandon L. Garrett 4.Public/Private Co-operation in Anti-Bribery Enforcement: Non-Trial Resolutions as a Solution?Abiola Makinwa 5.The Implications of Negotiated Settlements for Debarment in Public Procurement: A Preliminary EnquirySope Williams-Elegbe6.Settlements within the World Bank Group Sanctions SystemPascal Hélène Dubois, Kathleen M. Peters, and Roberta BerzeroPart II: DETERRENCE7.Prosecutors’ discretionary authority in efficient law enforcement systems Tina Søreide and Kasper Vagle 8.The potential promise and perils of introducing deferred prosecution agreements outside the U.S. Jennifer Arlen 9.Incentives for self-reporting and cooperationLucinda A. Low and Brittany Prelogar10.The DOJ’s Anti-Piling on Policy: Time to Reflect? Sharon OdedPart III: JUSTICE11.What counts as a good settlement? Kevin E. Davis 12.Corporate compliance and privatization of law enforcement: A study of Italian legislation in the light of the U.S. experienceSimone Lonati and Leonardo S. Borlini13.Justice for whom? The need for a principled approach to Deferred Prosecution Agreements in England and WalesSusan Hawley, Colin King, and Nicholas LordIndex