Corruption, Integrity and the Law: Global Regulatory Challenges

The global anti-corruption framework: Lights, shadows and prospectsWhere were we?The global anti-corruption framework and its sourcesNegative measuresCriminal law: the escape from punishmentSanctions: the escape from criminal lawPositive measures: the limits of responsibilisationLooking forward: critique and recommendationsStrengthening harmonisation, cooperation and judicial globalisationTowards a globally harmonised system of positive preventionReforming criminal law and international sanctionsConclusionsReferencesII. Criminal justice: international and national frameworksThe fight against international corruption: A call for a global approach in corporate criminal liability law and procedureIntroduction: The need for a global approach in corporate criminal liability lawThe international conventions against corruption: lights and shadowsCorporate criminal liability in light of international conventions against corruption and the Italian experienceContrasting international corruption through corporate criminal liability: the issues at stakeSome proposals to improve efforts to fight internal and international corruptionReferencesWhat role does competition law have to play in the prosecution of financial crime in the UK?IntroductionThe LIBOR scandal and competition law in the UKUK prosecutions following the LIBOR scandalCompetition law in the UK: Is it relevant to the financial crime of benchmark rate fixing?Competition law measures following the LIBOR scandalCompetition legislation introduced following the LIBOR scandalThe future of competition law enforcement of financial crime in the UKConclusionReferencesThe fight against corruption in the Italian legal system between repression and preventionThe relentless changes to the anti-corruption system in ItalyCorruption offences: positive changes and persistent critical issuesThe most recent tools introduced to ‘wipe out corruption’: new exemption provisions and new means of assessing the commission of offencesWhistle-blowing and the ‘culture of legality’ConclusionReferencesIII. The escape from criminal law: deferred prosecutions agreements and financial sanctionsCorruption, regulation and the law: The power not to prosecute under the UK Bribery Act 2010IntroductionThe problems of national prosecution of companiesThe shift from old to new governanceRegulatory ActionsThe UK Bribery Act 2010Section 7 and Deferred Prosecution Agreement (DPA)Reasonable Doubts about DPAsConclusionReferencesJustice deferred is justice denied?: The jury’s outIntroductionDeferred prosecution agreements in the United States of AmericaBackground to deferred prosecution agreements in the United KingdomDeferred prosecution agreements in the United KingdomSerious Fraud Office v Standard Bank PLCSerious Fraud Office v XTZSerious Fraud Office v Rolls Royce PLCSerious Fraud Office v Tesco picComments on the UK DPAsCriminal ChargesConclusionReferencesDeferred prosecution agreements and the restorative justice paradigm: Justice restored or corporate cop out?IntroductionRestorative justiceDeferred prosecution agreementsDiscretionContractual agreementCollateral consequencesCompliance procedures: the question of reintegration and rehabilitationConclusionReferencesFinancial sanctions as a weapon for combatting grand corruptionIntroductionMisappropriation sanctions in contextMisappropriation sanctions as a response to grand corruptionIssues particular to misappropriation sanctions in connection with legal challengesThe procedure for bringing legal challenges to designationsPractical obstacles to bringing challengesThe availability of human rights protectionsThird-party interestsThe appropriateness of continuing reliance on misappropriation sanctionsConclusionsReferencesIV. Information as evidence: whistle-blowingKeep the canaries singing: Are whistle-blowers in Nigeria adequately protected?IntroductionLegislation and corporate governance protection in NigeriaResults to dateWeaknesses of legislative protection in NigeriaOther hurdles to combatting corruptionConclusionReferencesVulnerabilities, obstacles and risks in reporting financial crimes: Conundrum of whistle-blowersIntroductionSwissLeaks caseLuxLeaks caseConclusionReferencesV. Information as integrity: bank secrecy and non-financial reporting‘Follow-ing the money’ ten years on: Transparency and the fight against banking secrecyIntroductionHistorical and geopolitical drivers of offshore financial centres, banking secrecy and tax havensOffshore financial centres and tax havensHistorical drivers and geopolitical origins ofOFCsTraditional tax havens and banking secrecy: SwitzerlandThe UK: the creation of an ‘imperial’ network of offshore financial centresContemporary OFCs, tax havens and secrecy jurisdictionsTransparency, information sharing and the battle against ‘uncooperative jurisdictions’Creating a tax haven in plain sight: the City of London and its ‘dependencies’ConclusionReferencesInformation, power and the fight against tax havensIntroductionDefining tax havensInformation and the fight against tax evasionExchange of informationBeneficial ownership registersPower in global governanceCompulsory powerInstitutional powerStructural power and productive powerConclusionReferencesThe communication of non-financial information according to the Directive 2014/95/EU as an instrument for the promotion of corporate integrity in EuropeIntroductionThe Directive and its implementationА brief descriptionThe Commission’s non-binding guidelinesImplementation of the DirectiveThe impact of the Directive on the management of undertakingsThe impact of the Directive on corporate policiesThe impact of the Directive on corporate governanceThe impact of the Directive on corporate governance and stakeholder engagementThe liability of directorsThe duty of disclosure of non-financial and possible interferences with and criminal lawConclusionsReferencesVI. Beyond ethical codes: reshaping culture and valuesThe fight against and prevention of corruption: The case of Switzerland and implications for Swiss firms with business activities abroadContextThe state of research on corruption and anti-corruption programsThe present study: research questions, methodology and characteristics of the responding firmsGeneral findings on the level of corruption experienced by Swiss firms while doing business abroadPredictors of bribe request for Swiss firmsSwiss firms and the perception of corruptionInvestments in anti-corruption measures: reaction to corruption incidents?Strengths and limitationsDiscussionOn the victimisation of bribe requests/corruptionOn risk factorsOn anti-corruption measuresOn the perception of corruptionConclusionFundingReferencesThe practice of anti-corruption and integrity of government: On the moral learning side of the storyIntroductionFrom anti-corruption to integrityA toolkit from behavioural scienceTowards installing a moral learning processConcluding remarksReferencesEthical integration in EU law: The prevailing normative theories in EGE opinionsIntroductionWhat are the prevailing normative theories advocated in the opinions of EGE?Ethics in EU lawEGE as a paramount protagonist within the European Commission: History, institutional structure and opinionsMajor findingsConcluding remarks and outlookReferences
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