The OECD is hosting an Anti-Bribery Ministerial meeting Wednesday (March 16) to discuss how to strengthen implementation of its Anti-Bribery Convention. One of the issues on the table for discussion is how to encourage voluntary disclosure by companies of wrongdoing and how settlements can be used to do that.
Entries in deterrence (6)
The story of Vicente Garcia, SAP's former head of sales for Latin America, reminded me of one of the darkest periods in my life -- the time before sentencing.
During a recent anti-bribery panel in New York City, I was asked why I talk about my former corrupt behavior and the time I served in federal prison. "Why don't you put it all behind you?" the questioner wanted to know.
This is the second post in a series on the theories of criminal punishment on which modern anti-bribery enforcement is based. Part One is here.
Deterrence. It's been called the holy grail of criminal punishment. And it's what we all ultimately hope FCPA enforcement will do. In the end, we want to reduce bribery.
This is the first post in a series on the theories of criminal punishment on which modern anti-bribery enforcement is based.
Deterrence -- most of us would agree that it's the goal of FCPA enforcement. We want to deter the defendant from repeated bribes (specific deterrence), and put other companies on notice so that they will bribe less (general deterrence).