Structured Settlements For Corruption Offences Towards Global . - OECD

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Structured Settlementsfor Corruption OffencesTowards Global Standards?IBA Anti-Corruption Committee: StructuredCriminal Settlements SubcommitteeEditors: Abiola Makinwa and Tina SøreideDecember 2018Material contained in this report may be freely quoted or reprinted,provided credit is given to the International Bar Association

The Anti-Corruption Committee of the International Bar AssociationStructured Criminal Settlements SubcommitteeEditorial BoardEditorsCommittee OfficersAbiola MakinwaAbiola MakinwaTina SøreideTina SøreideAlison Levitt QCSub-EditorsAndrew LevineElisabeth DanonStéphane BonifassiElif ErdemogluElisabeth DanonAssistants to Editorial TeamLindsay SykesLina SchmidDavid GurfinkelHarry RitteAdriana DantasAlina CarrozziniWendell WongEmmanuel AkomayeElif ErdemogluMatthew GetzCeren Aral DesnosCopyright InformationNot to be reproduced without the permission of the Editors.Copyright of the individual chapters remains with the authors.

ContentsI.Introduction 6II.SCSS Biographies 7III. Mapping the State of Play of Structured Settlements forCorruption offences 14IV. Structured Settlements for Corruption Offences:Towards Common Standards? 24V.The SCSS Questionnaire 39VI. Country Reports 45Europe 1. ALBAN IA 452. AUSTR IA 493. AZERB A IJA N 554. BELARU S 605. BELGIU M 666. BO SNIA A N D H ER ZEGOVIN A 737. BULG ARIA 788. CROAT IA 849. CZECH REPU BL IC 9410. DENMA R K 10211. ENGLA N D A N D WA LES 10612. ESTON IA 11913. FINLA N D 12914. FRAN C E 13715. G ERMA N Y 15516. G REEC E 16317. HUNGA RY 16918. I RELAN D 17819. I TALY 185

2 0. KAZAKHSTA N 1902 1. LATVIA 1982 2. LI THUANI A 2162 3. LUXEM BOU RG 2272 4. M ACEDON IA 2372 5. M O NTENE GRO 2432 6. NETHERLA N D S 2542 7. NO R WAY 2642 8. POLAND 2692 9. POR TUGA L 2843 0. RO M ANIA 2893 1. RUSSIA 2953 2. SERBIA 3063 3. SLO VAK REPU BL IC 3173 4. SLO VENIA 3283 5. SPAI N 3353 6. SWEDEN 3433 7. SWI TZERL A N D 3493 8. TURKEY 3613 9. UKRAI NE 368North America4 0. CANADA 3784 1. M EXI CO 3894 2. UNITED STATES 404Central America 4 3 . COSTA RIC A 4154 4. EL SALVAD OR 4234 5. GUATEM A L A 4284 6. HO NDURAS 4394 7. NI CARAG UA 446

South America 48. ARG E N TIN A 45049. BOLI V IA 46150. BRAZIL 46951. CHI LE 47852. COLOMBIA 49253. ECUAD OR 50354. PARAGU AY 50855. PERU 51656. URUGU AY 530Asia 57. I NDON ESIA 53658. J APAN 54559. M ALAYSIA 55360. SI NGA PORE 55961. SO UTH KOR EA 56762. TAI WA N 571Africa63. NIGERIA 580Middle East 64. EG YPT 59165. I SRAEL 59666. UNI T ED A R A B EMIR ATES 607Index of Country Reporters 611

I. IntroductionIn 2016, the Structured Criminal Settlements Subcommittee (SCSS) of the IBA Anti-CorruptionCommittee commenced a two-year project entitled, ‘Towards Global Standards in StructuredSettlements for Corruption Offences.’ The objective of this project was to map the evolvingsettlement practices for corruption cases of countries across the globe. The project hopes to add tothe growing discussion on whether, and to what extent, there is a need for global standards.Reports based on a distributed questionnaire have been submitted by country researchers from 66countries from Africa, the Far East, the Middle East, North, Central and South America, and Westernand Eastern Europe. While we have not been able to achieve full global coverage, these reportsprovide an up-to-date and comparative overview of salient issues relating to structured settlements forcorruption offences.We would like to thank most sincerely our global community of country researchers who contributedtheir valuable time to map the state-of-play of structured settlements in their jurisdictions. We aredeeply grateful to our regional officers, Elisabeth Danon, Wendell Wong, David Gurfinkel, AdrianaDantas, Lindsay Sykes, Ceres Aral DesNos and Emmanuel Akomaye, as well as the officers of ourkey countries, Alison Levitt QC, Andrew Levine and Stéphane Bonifassi, for their indefatigablespirit over the last 24 months. Our sincere thanks also go to our project researchers Elif KiesowCortez and Matthew Getz for their contributions in shaping the questionnaire used in the project.We thank Jessica Berrada for her administrative support, and our research assistants, Lina Schmid,Kasper Vagle, Harry Ritte and Alina Carrozzini, who have done an incredible job of marshalling themountain of documentation. Finally, our very special thanks to Robert Wlyd, Pascale Dubois, BrunoCova, Leah Ambler and other members of the IBA Anti-Corruption Committee for this opportunityand much appreciated support.Dr Abiola Makinwa (Chair)Prof Tina Søreide (Vice Chair)Ms Alison Levitt QC (Vice Chair)6 Structured Settlements for Corruption Offences Towards Global Standards?

II. SCSS biographiesDr Abiola Makinwa (Chair)Abiola Makinwa (née Falase) is a Senior Lecturer in Commercial Law with a special focus on AntiCorruption Law and Policy at The Hague University of Applied Sciences in The Netherlands. She is aprofessional member of the International Compliance Association and Chair of the Structured CriminalSettlements subcommittee of the IBA Anti-Corruption Committee from (2016 – 2018). Dr Makinwaholds a PhD from Erasmus University Rotterdam. Her teaching and research focuses on the role ofprivate actors and the importance of public/private dialogue in the fight against corruption. Her PhDthesis, Private Remedies for Corruption: Towards an International Framework (Eleven International Publishing,2013) focuses on the role of private actors and strategies in the fight against corruption. In 2010, DrMakinwa’s essay, Future Thinking through the Prism of International Corruption, won The Hague Institutefor the Internationalization of Law (HiiL) Future Thinking Essay award. In 2013, Dr Makinwa wasawarded an EU OLAF Hercule II Grant to research European Perspectives on Negotiated Settlementsfor Corruption Offences. This resulted in a book, A Makinwa (Eds) Negotiated Settlements for CorruptionOffences: A European Perspective (Eleven, 2015). In 2014, Dr Makinwa was appointed as the Dutch NationalReporter together with Professor X Kramer to report on ‘Civil Law Consequences of Corruptionin International Commercial Contracts’ for the 19th Congress of the International Academy ofComparative Law (Vienna, 2014). More recently, in April 2018, Dr Makinwa won a Comenius SeniorFellow Grant to develop an Anti-Corruption Integrity Digital Training Module from the NetherlandsInitiative for Educational Research. From May 2018, she has also become a Senior Fellow of theComenius Network of the Royal Dutch Academy of Arts and Sciences (KNAW).Email: a.o.makinwa@hhs.nl, Telephone: 31 70 445 7149Prof Tina Søreide (Vice Chair)Tina Søreide is Professor of Law and Economics at the Norwegian School of Economics (NHH),at the Department of Accounting, Auditing and Law. At NHH she is part of the Norwegian Centreof Taxation (NoCeT), the Economics, Ethics and Law research group, and she teaches a mastercourse on the law and economics of corruption. Prof Søreide has published broadly on corruption,governance, markets and development, recently with an emphasis on law enforcement. Her latestbook is Corruption and Criminal Justice: Bridging Legal and Economic Perspectives, (Elgar, 2016), and in2011 she co-edited with Susan Rose-Ackerman the International Handbook on the Economics of CorruptionVol 2. Among her recent journal articles is, An Economic Analysis of Debarment, published spring 2017in the International Review of Law and Economics, co-authored by Emmanuelle Auriol. Prof Søreidehas been engaged in policy work for the Norwegian Government and internationally, including forthe Organisation for Economic Co-operation and Development (OECD), the EU, the World Bank,development agencies and governments, and is a member of the High Level Advisory Group onAnticorruption and Integrity (HLAG) to the Secretary General of the OECD. Her former employersinclude the University of Bergen (UiB), the Chr Michelsen Institute (CMI) and the World Bank.Email: Tina.Søreide@nhh.no. Telephone: 47 55959522Structured Settlements for Corruption Offences Towards Global Standards? 7

Ms Alison Levitt QC (Vice Chair, Country Officer – UK)Ms Levitt is a Partner and Head of the Business Crime group. She specialises in criminal, regulatoryand related matters. Ms Levitt was called to the Bar by Inner Temple in 1988 and was appointedQueen’s Counsel in 2008. After twenty years in private practice at leading London defence chambers,she was head-hunted to become the Principal Legal Advisor to the Director of Public Prosecutions.There she advised on some of the most significant cases of the time, as well as appearing as counselin the Court of Appeal. She is an expert in private prosecutions and immunities from prosecution.Throughout her career as a barrister Ms Levitt has appeared in key cases in the Court of Appeal andhas written many reports, including the Crown Prosecution Service’s highly praised in-depth review oftheir previous conduct of allegations against the entertainer Jimmy Savile.As an advocate, Ms Levitt has conducted lengthy and complex trials and appeals involving bankinstrument fraud, proceedings against company directors and fraud on a massive scale connectedwith international metal trading. She is familiar with the transactional aspects of many different typesof fraudulent and corrupt activity, and has been praised in the Court of Appeal for her knowledge ofthe law and capacity to master the most complex detail. Ms Levitt has a profound understanding ofthe UK governmental and political system, and international matters. She has been a Recorder of theCrown Court since 2006 and is a Master of the Bench of the Inner Temple. She is a former Chair ofthe Young Bar and has also been Secretary of the Criminal Bar Association of England and Wales. MsLevitt is a Certified Fraud Examiner (CFE).Email: alison.levittqc@mishcon.com. Telephone: 44 20 3321 7450Mr Andrew Levine (Country Officer – United States)Andrew Levine is a litigation partner at Debevoise & Plimpton LLP and focuses his practice on white collarand regulatory defence, internal investigations and a broad range of complex commercial litigation. Heregularly defends companies and individuals in criminal, civil and regulatory enforcement matters and hasconducted numerous investigations throughout the world. Mr Levine also advises clients on a broad arrayof anti-corruption matters, including conducting risk assessments, enhancing compliance programmesand mitigating risks presented by potential mergers, acquisitions and other transactions.In 2014, Mr Levine was nominated to Global Investigations Review’s inaugural ‘40 Under 40’ list ofthe world’s leading investigations lawyers, and he was recognised in 2013 as a ‘Rising Star’ by theNew York Law Journal. Before joining Debevoise in 2006, Mr Levine served as Deputy Counsel to theIndependent Inquiry Committee into the United Nations Oil-for-Food Programme, led by Paul AVolcker. Mr Levine also served as a law clerk to the Honorable Dennis Jacobs, US Court of Appeals forthe Second Circuit, and to the Honorable Lewis A Kaplan, US District Court for the Southern Districtof New York. Mr Levine received his Juris Doctor (JD) Degree from Yale Law School, where he wasa Senior Editor of the Yale Law Journal and Submissions Editor of the Yale Journal of InternationalLaw. He obtained his BA (Bachelor of Arts Summa Cum Laude) and Phi Beta Kappa from Yale College.Mr Levine publishes and speaks regularly on anti-corruption matters, and is a Co-Editor-in-Chief ofDebevoise’s monthly newsletter update on the Foreign Corrupt Practices Act (FCPA).Email: amlevine@debevoise.com. Telephone: 1 212 909 60698 Structured Settlements for Corruption Offences Towards Global Standards?

Mr Stéphane Bonifassi (Country Officer – France)Admitted to the Paris Bar in 1991, Who’s Who Legal has described Stéphane Bonifassi as a ‘dean ofthe Parisian Bar‘ for his intrinsic ability to work in various courts (civil and criminal) in France, withcorresponding proceedings abroad, and to successfully manage litigation involving complex financialcrimes, including major corruption cases. He’s also been called ‘an exemplary practitioner whoknows his trade inside-out.’ With more than 26 years of criminal court experience, he has developeda unique sense of what investigative tactics can be used in concert with litigation tools to track, locateand recover misappropriated or hidden assets. He has assisted various countries that have been thevictims of embezzlement or corruption. With his distinctive approach, Mr Bonifassi has emergedas a leader in this evolving practice area and serves as the Executive Director and exclusive Frenchmember of ICC FraudNet, the world’s leading asset-recovery legal network.Mr Bonifassi participated in litigation arising from the Bernard Madoff fraud, and he has beenrecognised as ‘most highly regarded‘ by Who’s Who Legal: Asset Recovery 2015 and 2016 and was named aThought Leader in 2017. He’s also considered ‘most highly regarded’ by Who’s Who Legal: Business CrimeDefence 2015, 2016 and 2017. He was ranked by Chambers in 2017 in the Dispute Resolution – WhiteCollar Crime category. He has served as president of the Criminal Law Commission of the InternationalAssociation of Lawyers (UIA), as well as Co-Chair of the IBA Business Crime Committee.Email: s.bonifassi@lebray.fr. Telephone: 33 (0)1 84 79 41 80Ms Elisabeth Danon (Regional Officer – Europe, Country Officer – Canada)Elisabeth Danon is a Forensic Senior Adviser at KPMG Canada, where she helps companies prevent,detect and respond to the risk of fraud and corruption. In her previous capacity, she was a publicprocurement analyst at the World Bank for several years. Ms Danon also worked for the Anticorruption Division of the OECD, where she assessed compliance of State Parties with the standardsof the Anti-bribery Convention. Ms Danon received her law degree from Université Paris Ouest laDéfense and her Masters (LLM) in International Business and Economic Law from GeorgetownUniversity Law Center. She is admitted to practice law in the state of New York and is a Certified Antimoney Laundering Specialist (CAMS). Ms Danon wrote several papers and articles on substantive,procedural and institutional issues connected to the fight against bribery. She is a regular contributorto the FCPA blog.Email: elisabeth.danon@gmail.com. Telephone: 33 6 72 71 19 55Ms Linsday Sykes (Regional Officer – Central America)Lindsay Sykes is a partner based in FERRERE’s Bolivia offices. She leads FERRERE’s Compliance& Investigations practice, covering Bolivia, Ecuador, Paraguay and Uruguay. In this capacity, sheregularly conducts internal investigations into allegations of fraud, bribery and other corporatemisconduct, anticorruption due diligence on potential business partners and acquisition targets,as well as trainings on anticorruption and ethics policies, and testing of existing complianceprogrammes and procedures. Her practice includes advising companies on local anticorruption andStructured Settlements for Corruption Offences Towards Global Standards? 9

related regulations as well as foreign regulations with extraterritorial application, particularly the USForeign Corrupt Practices Act (FCPA).Prior to joining FERRERE, Ms Sykes was a lawyer with Cleary Gottlieb Steen & Hamilton LLP andClifford Chance US LLP, where her practice focused on enforcement and white collar defence. Ms Sykeshas lead on-the-ground investigations into allegations of corporate misconduct throughout the world,including in Bolivia, Brazil, Chile, Ecuador, Equatorial Guinea, Hong Kong, Peru, Switzerland, theUnited Arab Emirates and Uruguay. Ms Sykes obtained her Juris Doctor degree, with honours, from TheGeorge Washington University Law School in Washington DC and her undergraduate degree, with highdistinction, from the University of Virginia in Charlottesville. Prior to studying law, she was a FulbrightScholar in Bolivia. Ms Sykes is a member of the Bars in New York and Washington DC, the American BarAssociation (ABA) and the IBA. She is the Bolivia representative of the IBA’s Anticorruption Committeeand a Regional Officer of its Structured Criminal Settlements Sub-committee.Email: lsykes@ferrere.com. Telephone: (591) 3 341 9565 ext. 113Mr David Gurfinkel (Regional Officer – South America)David Gurfinkel graduated from the University of BueNos Aires in 1995. He began his professionalpractice at Commercial Courts and then associated with Allende & Brea Law Firm in 1996, where hebecame partner in 2003. Mr Gurfinkel is head of Allende & Brea’s Litigation and Compliance andInvestigations areas of practice. He has specialised in commercial litigation and arbitration, corporatecompliance and ethics, anti-corruption and internal fraud investigations, insolvency and bankruptcy.Mr Gurfinkel is a member of the IBA and currently serves as Regional Officer within the AntiCorruption Committee. He is also a member of the Argentine Association of Ethic and Compliance. Hehas published articles on anti-corruption, ethic and compliance in specialised journals in Argentina andother countries. Mr Gurfinkel is also a member of the International Insolvency Institute, a non-profitorganisation comprised of leading insolvency professionals, judges, academics and insolvency regulatorsfrom around the world. He has lectured in conferences at foreign universities and gave post-graduatecourses at Argentine universities, both in the insolvency and the commercial litigation and arbitrationfield. He has been cited as a leading practitioner in Dispute Resolution, Litigation and Arbitration by,among others, Chambers & Partners Global, Chambers Latin America, Who’s Who Legal, Latin Lawyer250 and Latin American Corporate Counsel Association (LACCA).Email: dg@allendebrea.com.ar. Telephone: 54 11 4318-9901Ms Adriana Dantas (Regional Officer – South America)Adriana Dantas is the lawyer who heads BMA’s Corporate Ethics/Compliance and InternationalTrade practice areas. She is known for her significant international experience, her strong academicbackground and her skill in representing clients in matters involving multiple jurisdictions. Inthe Corporate Ethics/Compliance area, Ms Dantas has been involved in conducting internalinvestigations and defending companies before Brazilian and US authorities. She has acted inproceedings resulting from industry sweeps conducted by the Department of Justice (DOJ) andthe Securities and Exchange Commission (SEC) and, more recently, by local authorities. She assists10 Structured Settlements for Corruption Offences Towards Global Standards?

national and international clients in matters such as administrative defences, negotiating leniencyagreements, conducting internal investigations, crisis management and designing and implementingcompliance programmes. In International Trade matters, Ms Dantas concentrates her practice ontrade defence actions in Brazil and other countries and on representing companies and associationsin international disputes, particularly disputes before the World Trade Organization’s DisputeSettlement Body.Ms Dantas is an active member of the International Anti-Corruption and International TradeCommittees of the ABA and of the IBA. She is a member of the Committee on partnerships of theBrazilian Bar Association, Sao Paulo Section, the Society of International Economic Law (SIEL), theInternational Trade Committee of the ABA, and the Brazilian Institute of Studies on Competition,Consumer Affairs and International Trade (IBRAC). Ms Dantas is registered with the District ofColumbia Bar as a foreign counsel.Email: amd@bmalaw.com.br. Telephone: 55 21 3824-5800Mr Wendell Wong (Regional Officer – Asia)Wendell Wong is a highly respected civil and criminal lawyer. His civil-commercial practice includescontracts and commercial disputes, shareholder and director disputes, medical negligence, productliability and arbitration work. His criminal practice focuses on commercial and business crime,fraud, securities, corruption, corporate governance related offences and investigation work. MrWong also regularly engages in regulatory and compliance advisory work, as well as anti-fraud andanti-bribery investigations work for multinational companies. Chambers Global ranks Wendell as aleading practitioner in dispute resolution and commends his regional work related to the US ForeignCorrupt Practices Act. Chambers Global describes him as renowned for his developed understandingof the Indonesian legal system. Asia Pacific Legal 500 also ranks Wendell high in the area of disputeresolution. Who’s Who Legal recognises Wendell as one of the top Business Crime Defence andInvestigations lawyers in Singapore.Mr Wong is an experienced arbitration lead counsel who has acted in numerous internationalarbitrations under the rules of the Singapore International Arbitration Centre (SIAC), InternationalChamber of Commerce (ICC) and United Nations Commission on International Trade Law(UNCITRAL). He is a strong advocate of pro bono work and was one of the pioneer trainers forInternational Bridges to Justice, a Ministry of Foreign Affairs’ Criminal Justice Training for countriesof the Association of Southeast Asian Nations (ASEAN) in Laos and Singapore in 2011 and Myanmarin 2013. He is also a mentor with the Criminal Legal Aid Fellowship of the Law Society of Singapore.Mr Wong joined Drew & Napier in 2000, having spent three years as Deputy Public Prosecutor/State Counsel with the Attorney General’s Chambers. He is the current Co-Chair of the CriminalPractice Committee of the Law Society of Singapore and a member of the Steering Committee of theSingapore Academy of Law’s Criminal Legal Aid Scheme. Mr Wong has also been appointed to lawreform committees with the Ministry of Law and Ministry of Home Affairs, Singapore.Email: wendell.wong@drewnapier.com. Telephone: 65 6531 2496Structured Settlements for Corruption Offences Towards Global Standards? 11

Mr Emmanuel Akomaye (Regional Officer – Africa)Mr Emmanuel Akomaye was the Pioneer Secretary of the Economic & Financial Crimes Commission(EFCC) from 2003 – 2013 and the Nigerian National Focal Person for the Review of the UnitedNations Convention Against Corruption (UNCAC) until 2013. He was Special Assistant to theAttorney General of the Federation & Minister of Justice from 1999 – 2003 and a member of theNigerian Presidential Task Team on the Financial Action Task Force on Money Laundering until2013. He was a member of the Commonwealth Committee on Asset Recovery between 2004 – 2005.He participated in the World Bank/United Nations Office on Drugs and Crime (UNODC) StolenAsset Recovery Initiative (StAR) project that undertook a special study on settlements as a toolto resolve complex corruption cases under the UNCAC. Mr Akomaye was also a member of theCommittee chaired by the Attorney General of the Federation that negotiated settlements withvarious multinational corporations from 2010 – 2012. He was also the pioneer Chair of the EconomicCommunity of West African States (ECOWAS) Network of Anti-Corruption Agencies in West Africafrom 2009 – 2011.Mr Akomaye, who is now in private legal practice and rendering anti-corruption compliance services(amongst others), holds a Master in Anti-Corruption Studies from the prestigious International AntiCorruption Academy, Vienna. He has spoken in major International Conferences on Corruption,Asset recovery and Money Laundering. He is a 2008 recipient of the Nigerian National Honour ofMember of the Federal Republic (MFR).Email: eakomaye@yahoo.comDr Elif Erdemoglu (Research Member)Elif Erdemoglu is a lecturer in Corporate Law and in Data Protection and Privacy Compliance at TheHague University of Applied Sciences. Dr Erdemoglu is a Certified Information Privacy Professional(CIPP/E). Before joining The Hague University of Applied Sciences (THUAS), Dr Erdemoglu was aresearch fellow in Law and Economics at Harvard Law School. She holds her doctorate degree fromthe DFG Graduate School in Law and Economics, University of Hamburg, Germany. Her doctoralresearch was funded by the German Research Association (Deutsche Forschungsgemeinschaft –DFG). During her doctoral studies, Dr Erdemoglu was a visiting fellow at Harvard Business School inthe Business Economics department and a visiting scholar at Berkeley School of Law. She completeda triple Master’s degree programme in economic analysis of law with joint degrees from ManchesterUniversity Law School, Hamburg University Law School and Bologna University Department ofEconomics. Dr Erdemoglu’s research is focused on utilising economic analysis of regulation to solvecooperation problems between public and private actors (ie, states and corporations).Email: e.erdemoglu@hhs.nl. Telephone: 31 (0) 70445 714912 Structured Settlements for Corruption Offences Towards Global Standards?

Mr Matthew Getz (Research Member)Matthew Getz’s practice focuses on government and internal investigations, white collar defence,anti-corruption due diligence and regulatory compliance. Mr Getz has represented largemultinational companies and financial institutions in some of the world’s largest anti-corruptioninternal investigations. He has represented individuals and corporations under investigation by theUK Serious Fraud Office, US Department of Justice and other regulators and prosecutors, and hassuccessfully represented individuals challenging Interpol Red Notices and extradition.Mr Getz advises clients on all aspects of their anticorruption requirements, including investigations,representations before prosecutors and regulators, transactional support, assessments of compliancewith the FCPA and Bribery Act, and creating and implementing appropriate compliance programmesand procedures. He regularly advises multinational clients on EU and UK sanctions and moneylaundering regulations, EU data protection regimes, cybersecurity and compliance with humanrights’ investigative and reporting requirements. He is regularly asked to write and speak about thesetopics in publications and before audiences around the world. Prior to law school, Mr Getz was afinancial journalist writing for leading publications in South Africa and the UK.Email: mgetz@bsfllp.com. Telephone: 44 (0) 20 7614 0982Ms Ceren Aral DesNos (Regional Officer – Middle East)Ceren Aral DesNos is a life sciences lawyer with over nine years of experience in advising medtechand pharma multinationals on a wide range of topics including contracts, transactions, pricingand reimbursement, distribution channels, competition law and IP protection. She is an expert onregulatory compliance and anti-corruption practices emphasising on interactions with healthcareprofessionals, relations with third-party providers, tender procedures, advertising/promotionactivities and product liability. Representing trade associations at both national and EU level, she hasbeen involved in policy discussions with MedTech Europe and EFPIA over the past years.She is a regional representative of the IBA’s Anti-Corruption Committee and a member ofInternational Society of Healthcare Ethics and Compliance Professionals (ETHICS). Admitted asattorney at law to Istanbul and Paris Bars, Ms Aral DesNos has taken part in international disputeresolution processes and negotiation of cross-border contracts between France and Turkey,representing clients from both jurisdictions. She has represented the Turkish business TUSIADbefore the EU business federation Business Europe as member of their legal affairs committee.Email: ceren.aral@gun.av.trStructured Settlements for Corruption Offences Towards Global Standards? 13

III. Mapping the state of play of structuredsettlements for corruption offencesAbiola MakinwaIntroductionIn the 40 years since the historic passage of the Foreign Corrupt Practices Act, there has been arevolution in the world of anti-corruption enforcement. Foreign bribery is now is a criminal offencein most countries. Corporations are prohibited from engaging in the grand scale corruption thatcorrodes social, economic and political development. However, the challenge that still stronglypersists is how to achieve effective enforcement of international and domestic foreign bribery rules.Conflicts of interest on the part of government officials often result in a lack of political will thatinhibits effective enforcement in foreign bribery cases. Furthermore, the formidable informationasymmetry, encountered by even the most advanced criminal justice systems seeking to meet acriminal burden of proof in corruption cases involving complex multi-jurisdictional, multi-layeredtransactions requires new tools. It is perhaps not surprising that while the OECD in its 2014 report,An Analysis of the Crime of Bribery of Foreign Public Officials, notes that there has been a ‘drastic increase’in the enforcement of anti-foreign bribery laws since 1999, this increase has taken place primarilyoutside the traditional criminal trial process. Of the 427 cases considered in the OECD report, in themajority of cases, sanctions were imposed by way of settlement procedures.1In light of these developments, the IBA Anti-Corruption Committee set up the Structured CriminalSettlement Subcommittee (SCSS) to explore this growing enforcement trend. The activities ofthe SCSS are to explore the latest trends in national and global settlements of corruption cases; toreview research and experience to identify key challenges in relation to the possibility of a globalcoordinated settlement framework; drawing on this research and experience, to propose a frameworkfor the development of a coordinated criminal settlement policy for serious financial crime; and, toprepare reports or publications for members of the Committee and IBA members to be presentedat forthcoming IBA conferences with a view to formulating a model framework for the settlement ofserious financial crimin

8 Structured Settlements for Corruption Offences Towards Global Standards? Ms Alison Levitt QC (Vice Chair, Country Officer - UK) Ms Levitt is a Partner and Head of the Business Crime group. She specialises in criminal, regulatory and related matters. Ms Levitt was called to the Bar by Inner Temple in 1988 and was appointed