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Entries in deterrence (7)


Richard Bistrong: I wanted to go home, the judge wanted me in jail

A few weeks ago, I read about an “exasperated federal judge” at the sentencing of Samuel Mebiame, the 43-year-old son of the former prime minister of Gabon, who was an intermediary for Och-Ziff. 

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NGOs to OECD: Corporate pretrial agreements can work, but we still need deterrence

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.

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The Big Ban: Let's use debarment and exclusion to promote personal deterrence

In a New York Times op-ed, former assistant U.S. attorney Eric Havian recommended using better methods to deter corporate misbehavior. "Exclusion," he said, "needs to be dusted off, modernized and used more frequently.”

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Bistrong to Garcia: ‘It gets better’

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.

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Richard Bistrong: ‘It wasn't worth it’

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.

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Beyond deterrence (Part 2): Rational actors

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.

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Beyond deterrence (Part 1)

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).

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