The Investigations Review of the Americas 2015

Introduction

Preface

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The Investigations Review of the Americas 2015

Canada: handling internal investigations

Canada has increased the scope and frequency of white-collar crime prosecutions in recent years, making it more important than ever for companies operating in Canada to develop internal best practices for preventing, investigating and responding to allegations of corporate wrongdoing.

Brazil: handling internal investigations

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

Mexico: Overview

General overview of Mexico’s anti-corruption regulationMexico’s current federal administration has publicly made the fight against corruption one of its top priorities. In the Pact for Mexico, President Peña Nieto proposed the implementation of reforms to strengthen transparency, accountability and the fight against corruption.

Cross-border overview: electronic data in forensic investigations

Nowadays, close to 100 per cent of documents are generated and kept in electronic format while a fraction (some say less than 1 per cent) make it to paper.

United States: white-collar criminal defence

After several years of decline, white-collar criminal prosecutions in the US are on the rise. In large part due to budget cuts, prosecutions and civil enforcement actions slowed down during the first part of the Obama Administration.

United States: managing relationships

In responding to any inquiry from the government it is critical that defence counsel understand the government lawyer’s perspective and expectations. This article explores a hypothetical investigation from both the prosecutors’ and defence counsel’s viewpoints.

Cross-border overview: FCPA enforcement in Latin America

What impact has the US Foreign Corrupt Practices Act (FCPA) had in Latin America? The region has been – and unfortunately remains – fertile ground for FCPA enforcement.

Foreword

If I had a formula for bypassing trouble, I would not pass it around. Trouble creates a capacity to handle it. I don’t embrace trouble; that’s as bad as treating it as an enemy. But I do say: meet it as a friend, for you’ll see a lot of it, and had better be on speaking terms with it. (Oliver Wendell Holmes, Jr)

United States: handling internal investigations

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

Brazil: establishing effective compliance regimes

In June 2013 Brazil erupted in protests that gathered vast crowds in several cities across the country, with claims that varied in scope – from the increase in transportation fares to brutality of the police.

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