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Entries in Corporate Criminal Liability (9)

Thursday
Jun112015

Russia considers imposing criminal liability on legal entities

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.

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Tuesday
Jul082014

Who should pay for BNP's crimes?

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.

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Tuesday
Aug202013

Who is liable for business crimes committed in China?

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?”

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Tuesday
Jul302013

Ukraine Enacts Sweeping New Anti-Corruption Legislation

Image courtesy of WikipediaUkraine 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.

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Tuesday
Jul092013

Brazilian Democracy in Action

The protests of the Brazilian people have moved their Parliament to action. Late last week, after a protracted procedural history, the Brazilian Senate approved the Clean Company Act. It now goes to President Dilma Rousseff for final approval.

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Thursday
Jan102013

Differing views of corporate criminal liability complicate anti-graft fight

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.

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Wednesday
Sep262012

From France, the enforcement news isn't all bad

Antique engraving of Palais de Justice, Paris, France. Published in Systematische Bilder-Gallerie, Karlsruhe und Freiburg (1839). Courtesy of iStockThe extra-territorial reach of the FCPA and its impact are perhaps no better evidenced than by the colossal fines paid by Siemens in 2008.

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Friday
Sep212012

Deferred prosecution agreements: part of the problem or part of the solution? 

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.

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Thursday
Sep202012

America's view of corporate criminal liability is unique

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.

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