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White Collar Crime

24 December 2018
Ulyarta Naibaho Anti-corruption update: some encouragement for whistleblowers and first-ever prosecution of corporation

Indonesia - Ali Budiardjo, Nugroho, Reksodiputro

A number of anti-corruption developments took place in Indonesia in 2018. For example, the Government Regulation on Public Participation in the Prevention and Suppression of Corruption was issued in order to incentivise more whistleblowers to come forward and encourage public participation in the fight against corruption. Further, the Corruption Eradication Commission brought its first-ever prosecution against a corporation.

Authors: Ulyarta Naibaho, Bilal Anwari
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Abigail Ruiz Companies' criminal and administrative liability

Mexico - Becerril, Coca & Becerril SC

Historically, only individuals could commit crimes in Mexico. However, following recent amendments to the Criminal Code and the enactment of the new National Code of Criminal Procedures, companies may now be held criminally liable. As such, the implementation of an integrity policy is crucial for companies. Where a company does not have such a policy and an employee commits a company-related crime, the company may be subject to both criminal and administrative liability.

Author: Abigail Ruiz
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Gejaa Gobena DOJ aims for good, not perfect: review of updated corporate cooperation policy

USA - Hogan Lovells US LLP

Government attorneys now have additional discretion in False Claims Act civil cases to award cooperation credit to a corporation that meaningfully assists the investigation without necessarily identifying every individual person outside of senior management involved in the alleged misconduct. The new policy reflects the reality of modern corporate investigations and encourages realistic cooperation efforts without compromising the Department of Justice's policy of holding individuals accountable.

Authors: Gejaa Gobena, Mitchell J Lazris, Peter S Spivack, Karla Aghedo
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Recent updates

Bernhard Lötscher New draft bill on private sector whistleblowing

Switzerland - CMS von Erlach Poncet Ltd

Authors: Bernhard Lötscher, Aline Wey Speirs
Thiago Luis Sombra Digital evidence, criminal investigations and due process of law

Brazil - Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados

Authors: Thiago Luis Sombra, Rogério Fernando Taffarello
Michael P Kelly Is President Trump changing how US foreign bribery law is enforced?

USA - Hogan Lovells US LLP

Author: Michael P Kelly
Rhidian David France tightens rules on state immunity

France - Hughes Hubbard & Reed

Authors: Rhidian David, Agnes Braka-Calas
Babajide Oladipo Ogundipe Italian corruption case continues – will authorities ever investigate wrongdoing?

Nigeria - Sofunde Osakwe Ogundipe & Belgore

Author: Babajide Oladipo Ogundipe