The lower house of Russia's national legislature -- the State Duma -- has been considering draft amendments to the law on the criminal liability of a legal entity.
Entries in Corporate Criminal Liability (9)
On June 30, the Justice Department and other federal and state agencies announced the long awaited settlement in the BNP case. The bank forfeited $8.8 billion and paid fines of $140 million for the “hat-trick of sanctions violations” -- unlawfully offering the U.S. financial markets to three sanctioned countries: Sudan, Iran and Cuba.
If a local manager in China pays bribes and is liable under the law, could his or her supervising executives in the U.S. or Europe also be held criminally responsible? Or should they shrug off the possible liabilities by claiming “the mountain is high, the emperor is far away?”
Ukraine has revamped its anti-corruption laws. The most significant aspect of the new legislation is the introduction (scheduled for September 2014) of corporate criminal liability for companies whose employees offer or pay bribes, directly or indirectly, to public officials or officers of private companies.
The criminal liability of corporations is an essential part of the fight against foreign bribery. Yet not every legal system views this area of law in the same way, and not everyone agrees on the best approach.
The extra-territorial reach of the FCPA and its impact are perhaps no better evidenced than by the colossal fines paid by Siemens in 2008.
Last week, Assistant AG Lanny A. Breuer, left, head of the DOJ's criminal division, talked about the use and benefits of deferred prosecution agreements in corporate enforcement actions.
The United States has a long legal history of holding corporations criminally responsible for acts of employees and agents. But that concept never existed under German or French law, among others.