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Blockchain, big data analytics, AI and other new technologies are transforming the way of working for governments, businesses and society. The 2019 Forum will focus on the risks and opportunities of new technologies for anti-corruption & integrity.
avatar for Samuel James Hickey

Samuel James Hickey

LLM CAN, Harvard Law School
Winner of the 2019 ResearchEdge Competition

Samuel will be presenting his work: "Bridging the Gap Between SFO and DOJ Practice in Remediating the Victims of Foreign Bribery"

It is constantly recognized by governments and enforcement agencies that foreign bribery causes widespread economic harm, which has an incredibly negative impact on citizens and governments in the global south. However, asset recovery and receipt-side enforcement has not been effectively utilized in repairing this harm. The literature has therefore shifted toward considering ways in which supply-side enforcement mechanisms, and in particular the enforcement of the Foreign Corrupt Practice Act, might be used a remedial tool. However, there a several obvious ripostes to the argument that the United States should adopt these kinds of remedial efforts. For example, (i) there is no legal obligation which mandates that it ought to do so, (ii) it would be against the economic interests of the United States to use the proceeds of settlement agreements to remediate the victims of foreign bribery, and (iii) the Department of Justice is not a foreign aid body and is not equipped to approach issues of remediation. This paper, which is part of an ongoing project into issues surrounding the remediation of foreign bribery’s victims, grapples with these issues. The primary contribution of this paper is an analysis of the practices of the Serious Fraud Office, and an attempt to construe from these practices a set of guiding principles that could be used to elucidate the basis upon which the Serious Fraud Office currently pursues remediation, and to potentially simplify the adoption of remedial practices for other enforcement agencies.


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