Analysis
14 July 2018

US guilty plea not valid ne bis in idem defense

Bastille Day Newsletter 2018 - Enforcement / Court Decisions

 

The Vitol Case refers to the Oil for Food matter which enabled Iraq (under embargo) to sell oil in exchange for humanitarian supplies matter from 1993 to 2003. In the aftermaths of the unveiling of this scandal, the oil trading company Vitol was prosecuted in the United States for bribery. Vitol entered into a guilty-plea in New-York State court for “grand larceny” under New-York criminal law.

The company was also prosecuted in France for the same facts and claimed that the guilty plea shielded the company from further prosecution pursuant to the French principle ne bis in idem. In March 14, 2018, the French Supreme Court (Cour de Cassation) ruled that the ne bis in idem principle could not be considered as a valid argument for companies trying to avoid criminal proceedings in France after signing a guilty plea in the US. In this decision, the French Supreme Court ascertained a broad appreciation of its territorial jurisdiction in order to enhance the prosecution of international corruption.

Related content

Event
4 March 2025
Paris Arbitration Week 2025 – Red Flags in Arbitration: Trends and Tools for Addressing Corruption
Navacelle is hosting a panel regarding Compliance & Arbitration on 8 April 2025, during the Paris Arbitration Week (PAW).
Publication
15 November 2024
Practitioner’s Guide to Global Investigations (2025) – GIR
NAVACELLE co-author of the ninth edition of Global Investigations Review’s Practitioner’s Guide to Global Investigations.
Publication
13 September 2024
Cross-country insights: Addressing Corruption Allegations in Arbitration Disputes
This guide aims at providing a comprehensive understanding of how different countries handle allegations of corruption in the course of...
Press review
18 April 2025
Press review – Week of 14 April 2025
This week’s press review covers the extension of the investigation into Eric Garandeau for illegal taking of interest in the...
Event
13 April 2025
[Webinar] Supporting economic players in meeting the challenges of compliance – RIFAV
Stéphane de Navacelle and Julie Zorrilla took part in the International Network of Women Lawyers (RIFAV) - Africa training course...
Press review
11 April 2025
Press review – Week of 7 April 2025
This week’s press review covers the European Parliament's vote to postpone the application of the CSRD to certain companies, as...
Press review
4 April 2025
Press review – Week of 31 March 2025
This week’s press review covers the 150 million euro fine imposed by the French Competition Authority on several subsidiaries of...
Press review
28 March 2025
Press review – Week of 24 March 2025
This week’s press review covers the summoning of Élysée Secretary General Alexis Kohler to a Senate committee of inquiry into...
Press review
21 March 2025
Press review – Week of 17 March 2025
This week’s press review covers the lawsuit filed by two NGOs against Carrefour for failing to exercise due diligence in...
Press review
14 March 2025
Press review – Week of 10 March 2025
This week’s press review covers the conviction of the Swiss bank UBS for moral harassment against whistleblowers, as well as...
Press review
7 March 2025
Press review – Week of 3 March 2025
This week’s press review covers an independent commission of enquiry set up by Betharram religious congregation, the Court of justice...
Press review
28 February 2025
Press review – Week of 24 February 2025
This week’s press review covers European news, including the adoption of the 16th package of sanctions against Russia, the suspension...
Press review
21 February 2025
Press review – Week of 17 February 2025
This week’s press review covers the decree signed by Donald Trump on corruption, the fine imposed by the Autorité des...
Press review
14 February 2025
Press review – Week of 10 February 2025
This week’s press review covers the upcoming summons of the mayor of Fréjus for illegal interest taking, the CJIP (French...