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

Contents:

Preface

Foreword
Drago Kos

1.Introduction
Abiola Makinwa and Tina Søreide

Part I: CONTEXT
2.Negotiated settlements in a broader law enforcement context
Mark Pieth
3.The path of FCPA settlements
Brandon 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 Enquiry
Sope Williams-Elegbe
6.Settlements within the World Bank Group Sanctions System
Pascal Hélène Dubois, Kathleen M. Peters, and Roberta Berzero

Part II: DETERRENCE
7.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 cooperation
Lucinda A. Low and Brittany Prelogar
10.The DOJ’s Anti-Piling on Policy: Time to Reflect?
Sharon Oded

Part III: JUSTICE
11.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. experience
Simone Lonati and Leonardo S. Borlini
13.Justice for whom? The need for a principled approach to Deferred Prosecution Agreements in England and Wales
Susan Hawley, Colin King, and Nicholas Lord

Index