Hogan Lovells publishes 2018 Global Bribery and Corruption Outlook looking at white collar investigations across the globe

Interagency cooperation and cross-border investigations on the up making it harder to evade prosecution The UK, France, Italy and Brazil all show enthusiasm for global settlements and deferred prosecution agreements

London and Washington D.C., 14 March, 2018: Hogan Lovells has published its Global Bribery and Corruption Outlook which looks at the trends and developments in anti-bribery and corruption regulation and enforcement around the world.

Although the U.S. continues to take a lead role in the fight against bribery and corruption, the UK and other jurisdictions especially in Europe - are making significant steps to reshape the landscape for organizations in this region.

This year's outlook looks at:

Effect of monitorships: The use of monitors is here to stay. More than half the Department of Justice (DOJ) 35 deferred prosecution agreements (DPAs) and non-prosecution agreements in 2017 saw companies hire monitors. Six out of 13 settlements with DOJ and the SEC resulted in appointing monitors. These were mostly where the companies’ internal controls had failed.

DPAs: The global increase in white-collar investigations means that DPAs are now becoming a growing part of the toolkit across Europe. Jurisdictions undergoing consultations on DPAs are, like France before them, looking toward the UK as a model rather than the U.S. The attractiveness of the English approach is in its robust judicial safeguards, combined with a narrowed scope that excludes individuals from the regime. But this acclimatization of European legal systems and enforcement authorities has been gradual – it's been 23 years since the DOJ concluded the first corporate DPA in New York.

Enforcement: Recent remarks by DOJ and Securities and Exchange Commission officials show enforcement of the FCPA remains a priority and the emphasis on individual accountability and policies designed to encourage self-reporting, compliance, and remediation looks set to continue.

International cooperation: Authorities and agencies across the globe are working with their foreign counterparts to tackle domestic corruption. This trend in cooperation goes both ways. The U.S. SEC acknowledged help in FCPA matters from 19 jurisdictions in 2017. Indeed, the larger FCPA resolutions — Telia Company and Rolls-Royce, to name two — were made possible through working with foreign counterparts. Fewer countries now go it alone, in fact, which makes it harder to evade enforcement.

Privilege: Case law in the UK and Germany has put privilege in the spotlight. Privilege protection varies: documents protected in

one jurisdiction may not have the same protection

elsewhere.

Bribery redefined: China’s new Anti-Unfair Competition Law redefines commercial bribery. It has wider coverage — to include parties with influence over a transaction, for example, though who these are remains unclear — and increased penalties. How it works in practice won’t be known until we see judges interpret the law.

Liability: The criminal liability systems in South East Asia in particular are evolving and enforcement is certain to rise. As local laws change, authorities collaborate to keep pace, and they do this increasingly well.

Crispin Rapinet, global head of Hogan Lovells' investigations, white collar and fraud practice, said: "The report highlights the work that national authorities are doing to enforce their own anti-bribery and corruption laws and how authorities plan to do this - from cooperating with foreign counterparts to adapting others' regimes. 2017 was a significant year for investigations and fraud globally – China made significant steps with its new Anti-Unfair Competition Law, the laws in South East Asia are slowly changing and in the U.S. we saw the first notable FCPA resolution under the Trump administration."

The Global Bribery and Corruption Outlook 2018 can be downloaded here

The Hogan Lovells online bribery and corruption portal can be visited here


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