The Investigations Review of the Americas 2016

The Investigations Review of the Americas 2016

Venezuela: Overview

The use of intermediaries to obtain licences, authorisations or permits from the government and the Venezuelan Law against CorruptionRegrettably, it has become very common for multinational and Venezuelan corporations to hire ‘service providers’ who have or pretend to have influence on public officials to obtain authorisations, licences or permits to which the corporations are entitled from the Venezuelan government.

United States: white-collar crime defence

Overview: future growth and continued internationalisationAfter several years of decline, white-collar criminal prosecutions in the US are on the rise. In large part owing to budget cuts, prosecutions and civil enforcement actions slowed during the first part of the Obama administration.

United States: whistleblowers and self-reporting

The interrelated questions of how to handle a whistleblower allegation and whether to self-report conduct to the US authorities have long been two of the most challenging problems in the investigations sphere.

United States: handling internal investigations

Allegations of corporate malfeasance may arise in myriad ways: whistleblowers, current or former employees, internal or external auditors, shareholders, the media, regulatory or law enforcement agencies, and/or the plaintiff’s bar.

Mexico: overview

Anti-corruption reform in MexicoIn November 2014 – just a few weeks after the disappearance of 43 students in the state of Guerrero, in which local and federal authorities were alleg

Canada: R v Durward, a bid-rigging trial by jury

R v Durward, a trial of seven individuals and three corporations charged with 62 counts of bid rigging and conspiracy, began in early September, 2014 before an Ottawa Superior Court Judge and Jury.

Cross-border overview: anti-corruption enforcement in Latin America

The headlines could read ‘Latin America fights back.’ Over the past year, US regulators and domestic law enforcement agencies have  ramped up efforts to fight corruption in Latin America in both the public and private sectors.

Brazil: handling internal investigations

As is well known, the practice of illegal activities by employees, partners, suppliers, distributors and others may have legal and economic consequences for a company, leading to operational and judicial issues that could even jeopardise the company’s existence.

Brazil: establishing effective compliance regimes

IntroductionThe past two years have seen corruption being taken far more seriously in Brazil. Although new legislation meeting or even exceeding the OECD Convention requirements was passed to curb inappropriate behaviour following the protests of June 2013, it remained uncertain whether it would be properly enforced.

Cross-border overview: maximising privilege protection under US and English law

When learning of a potential regulatory issue – whether through receipt of an information request from the authorities or through an internal mechanism – a firm will usually conduct an internal investigation, whose purpose is to understand the scope of the issue, remediate the problem, and to formulate a response to regulators, civil plaintiffs and other constituencies.

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