What position to adopt with prosecuting authorities in response to allegations of corruption?

Multi-jurisdictional investigation with concurrent jurisdiction and international criminal cooperation between the prosecution authorities regarding allegations of corruption

A company challenged over allegations of corruption

Following a whistleblower's report, several prosecuting authorities are seized with corruption allegations against a company operating in many countries. The company must therefore deal with this plurality of prosecutions and the potential for multiple prosecutions and put in place a coordinated defense.

Our client's challenge

Defend and preserve one' s interests to the best of one's ability

When allegations of corruption are made and several authorities have concurrent jurisdiction, the defense strategy put in place must anticipate the potential for multi-jurisdictional proceedings and must therefore take into account the legal risks and procedural options available in the various countries concerned.

This defense strategy can only be put in place once the company’s actual involvement and degree of liability has been analyzed and the procedural and judicial options have been set out and chosen.

It is then necessary to establish the reality of the allegations, which often demands the examination and assessment of past situations that have taken place in specific countries and on specific contracts. Based on the factual situation thus established, an analysis of the legal risks involved is conducted in order to determine the strategic options.

Depending on this initial review and the selected options, the company will have to identify, anticipate, prepare and respond to possible requests from the authorities, while preserving its interests and keeping open the eventual possibility of cooperation in view of a potential settlement agreement (DPA or CJIP).

Our way

Define the most effective defense strategy

The team, which has extensive expertise in the handling of corruption cases involving prosecutions from several countries, assists, represents and accompanies clients at all stages of the proceedings in France and coordinates their defense with an extended defense team composed of experienced law firms in the other countries concerned.

Working in concert with all the parties entrusted with the client’s defense allows us to build the best possible strategy and to preserve the client’s interests in the most cautious manner possible. Indeed, this allows for a coordination of all actions anticipating the possible consequences and repercussions in the other countries concerned and taking into account any judicial or legal particularities that may exist.

Certain issues associated with the involvement of multiple jurisdictions, such as the blocking statutes, the conditions of international criminal cooperation or the transmission of data outside our borders, are fully explained to clients and included in the strategic choices made.

Based on our past experience with similar cases, our involvement in current discussions or working groups in the field, and our knowledge of how exchanges with the authorities work, we offer our clients support at different stages and with short-, medium- and long-term analysis. This study work, carried out in close cooperation with our clients, is reviewed on a regular basis to ensure the most appropriate assistance possible as the case evolves over time.

« Allegations of corruption are used at several stages of arbitration proceedings and have become a means of procedural strategy in recent years »
Salomé Garnier

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