American Bar Association
 
Global Anti-Corruption Committee

Global Anti-Corruption Committee


About the Committee

"Real-World Anti-Corruption News and Analysis By and For Practitioners"

The Committee plans, organizes and sponsors events and publications in the anti-corruption field; works closely with, among others, the International Section’s Anti-Corruption Committee and some of its constituents, as well as the ABA Corporate Social Responsibility and Forced Labor Task Force, and the ABA President's Task Force on Human Trafficking.

The Global Anti-Corruption Committee's (previously a task force) principal purpose is to monitor, evaluate, and report on developments under trans-national anti-bribery instruments such as the United Kingdom Bribery Act, the German Anti-Corruption Act, the Japanese Unfair Competition Prevention Law, Russia’s National Plan for Counteraction to Corruption, South Africa’s Prevention and Combating of Corrupt Activities Act, the U.S. Foreign Corrupt Practices Act, the U.N. Convention Against Corruption, and the OECD Anti-Corruption Convention, among other anti-corruption analog apparatuses.

In doing so, the Committee focuses on reporting (1) cutting-edge developments in international domestic laws and transnational instruments, (2) the inter-relationship among these domestic and transnational initiatives, and (3) international law enforcement cooperation and initiatives. The Committee pays particular attention to the impact the foregoing have on commerce and business development in the U.S. and abroad, as well as on U.S. Administration announcements and activities relating to these matters.

The Committee communicates with its audience through two different, but important platforms: its News & Recent Developments Section and its Insights from the Trenches Section. The Committee encourages subject-matter appropriate submissions from the public. If you would like your work published with the Committee, please visit our Submission Guidelines.


News




Current Committee Goals



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Posts from St. Petersburg by Professor Juliet Sorensen: (reposted with permission from the FCPA Professor)





Addressing Corruption In An Era Of Climate Change





The Benefits and Tribulations of Open Data in Decreasing Corruption





Combating Corruption Through Education





Increasing Awareness And Cooperation To Thwart Cultural Heritage Corruption





International Efforts in Support of the Recovery of Stolen Assets





Finding A Solution To The Public – Private Corruption Dichotomy





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[A Part of the Student Series] June 17, 2015





United States v. Caronia: Effects and Implications





By Ankur Shingal





Government regulation of pharmaceutical companies’ marketing strategies has become an increasingly important issue, both from a First Amendment and public health perspective. Large pharmaceutical companies, collectively known as “Big Pharma,” routinely spend billions of dollars per year marketing and advertising blockbuster drugs to the public. In fact, according to Neilsen, “Pharma marketers laid out more than $2.7 billion on consumer marketing in the U.S.” in 2012, with that number only rising in subsequent years. READ MORE





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Anti-Corruption World Gathers In Panama





From November 24-29, 2013, the anti-corruption world met in Panama City, Panama. 1,500 state party delegates representing approximately 130 nations and 450 representatives from civil society and intergovernmental organizations will participate in the Fifth Conference of the States Parties (CoSP) to the United Nations Convention against Corruption (UNCAC).





Professor Juliet Sorensen (Northwestern University School of Law) and Northwestern Law students Akane Tsuruta and Jessica Dwinell are attended the Fifth Conference of the State Parties (CoSP) to the United Nations Convention against Corruption in Panama City, Panama. Juliet Sorensen's Opinion Article: UN measure to fight bribery is a work in process





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New Insights from the Trenches Articles:





“Carbon Copy” Prosecutions: A Growing Anticorruption Phenomenon in a Shrinking World





By Andrew S. Boutros and T. Markus Funk (Originally published in The University of Chicago Legal Forum, Volume 2012)





Carbon Copy Prosecution: When foreign or domestic Jurisdiction A files charges based on a guilty plea or charging document from Jurisdiction B.
In February 2009, oilfield services giant Halliburton Com-pany settled with US authorities for a record-breaking $579 mil-lion to put an end to charges that one of its former units bribed Nigerian officials to obtain multibillion dollar contracts to build liquefied natural gas facilities on Bonny Island, Nigeria. READ MORE





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ASIL Roundup: Anti-Corruption Initiatives in a Multi-Polar World





By Juliet S. Sorensen (April 10, 2013)





“International Law in a Multipolar World” was the theme of the 2013 annual meeting of the American Society of International Law in April, and the panel on global anti-corruption issues played to a packed house. READ MORE





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[A Part of the Student Series] January 23, 2013





China’s State Secrets Law and the Foreign Corrupt Practices Act





By Sigrid Ursula Jernudd





China’s state-owned enterprises (SOEs) and the companies that they control make up a major but unquantifiable part of the Chinese economy, accounting for approximately 50 percent of gross domestic product. As American companies consider the attractive opportunities for overseas expansion investing in China’s large state sector provides, they must be aware of the risk of violating the Foreign Corrupt Practices Act (FCPA). READ MORE





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[A Part of the Student Series] January 15, 2013





Why the Ability to “Neither Admit Nor Deny” Is Important: Examining the Implications on Corporate Liability of Securities and Exchange Comm’n v. Citigroup Global Markets Inc., No. 11 Civ. 7387, 2011 WL 5903733 (S.D.N.Y. November 28, 2011).





By Ryan Dunigan





On November 28, 2011, Judge Jed S. Rakoff of United States District Court of the Southern District of New York refused to approve a consent judgment between the United States Securities and Exchange Commission (“SEC”) and Citigroup Global Markets Inc. (“Citigroup”). Under the Citigroup consent judgment, Citigroup would have paid $285 million to the SEC to settle a case that the SEC brought against the corporation. The SEC alleged that Citigroup created a billion-dollar fund (known as “Class V Funding”) that allowed the corporation to sell assets to investors by misrepresenting that the fund’s assets were attractive investments, yet in fact the fund included a substantial percentage of negatively projected assets. Citigroup purportedly had even taken a short position in those very assets. READ MORE





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[A Part of the Student Series] January 11, 2013





Motivational Speaking: Corporate Cooperation and Employee Whistleblowing





By Carl Newman





A frequent refrain in the last decade has been calls for increased uniformity in the corporate charging practices of the United States Attorney’s Offices. This call for uniformity of practice has lent itself naturally (along with corresponding political pressure and pushback from the Department of Justice) to calls for legislative intervention. READ MORE





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A Bridge Spanning Different Approaches to Corporate Crime





By Juliet S. Sorensen





The 2012 Annual Meeting of the American Society of Criminology featured a roundtable discussion entitled, “Building (and then Crossing) Bridges: A Discussion of Multi-Disciplinary Approaches to the Study of Corporate Crime.” Comprised of academics in the fields of criminology, law and business ethics, the panel was organized on the premise that although corporate crimes cause multidisciplinary problems, there has been little cross-disciplinary collaboration among policymakers, practitioners, the business community, and academics to address them. Nonetheless, the panelists, including myself, found ample common ground in discussing how to optimize internal controls on corporate crime. READ MORE





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Anti-Bribery Laws in Korea and Their Distinct Characteristics





By Taek-Rim (Terry) Oh and Myong Hyon (Brandon) Ryu





One measure of determining whether a developing country can become a developed country and continue to prosper is to examine how transparent the society is. During the last half century, Korea has enacted and enforced anti-bribery laws and regulations to become a transparent society. READ MORE





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New FCPA Guidance by DOJ & SEC: Helpful Enforcement Summary, But No Sea Change





By Perkins Coie Investigations and White Collar Defense Practice Partners Lee Stein, Pravin Rao, and T. Markus Funk


On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) issued their long-anticipated Resource Guide regarding the agencies’ FCPA enforcement. Over a year in the drafting, the 120-page Guide addresses, among other things, (1) the definition of a foreign official, (2) gifts and entertainment, and (3) the “hallmarks” of an effective corporate compliance program. While the Guide, as anticipated by many observers, does not represent a departure from the agencies’ prior positions and does not provide new insights to active FCPA practitioners and observers, it does offer a useful one-stop summary of the agencies’ enforcement positions that are worthy of careful review. READ MORE


Announcements

SUBMISSION GUIDELINES

In addition to our regular updates on cutting-edge legal issues and developments on international anti-corruption related matters, the American Bar Association's Global Anti-Corruption Committee publishes guest articles and thought pieces from leading practitioners, industry experts, and other persons with something important and topical to say.

Although some of the content found in the "Insights From The Trenches" section is derived from regularly-scheduled authors, we also review unsolicited submissions on an ongoing basis. Topics can range from domestic to foreign anti-bribery-related topics (with a preference given to non-U.S. anti-bribery efforts), but most importantly, we are looking for concise, thought-provoking, timely, and original writing.

Unless otherwise decided by one or both co-chairs, all submissions are peer-reviewed by 2 or more Committee members, as well as one or both of the Committee co-chairs. The decision to publish or decline any submission is at the sole discretion of the Committee and that decision will be communicated to you by one or both of the Committee co-chairs. The peer review process is confidential, and the identity of Committee members reviewing any submission will not be disclosed.

Below are the Committee's Guidelines for submissions, including, for example, articles, think pieces, position papers, and “Insights from the Trenches” contributions you submit to the Committee for review and consideration (collectively, “your article” or “articles”):

1. Your article must cover a current anti-bribery-related issue or development, with a preference for topics focused on non-U.S. enforcement efforts.

2. Your article's appearance on the Committee's website should mark the first time the article has appeared – either in part or in full – anywhere. If your article or a section of your article has been previously published, please so inform the Committee at the time of your submission.

3. Unless you have received prior express consent from the Committee co-chairs, your article, once published on the American Bar Association's Global Anti-Corruption Committee's website, cannot be republished or reproduced in another outlet for a period of 48 hours from the date of publication. Thereafter, you may republish or reproduce your article in another third-party outlet of your choice (including on your employer’s website/marketing materials), provided that your article gives credit to the American Bar Association's Global Anti-Corruption Committee website as the place where it was originally published and appeared. (A hyperlink to the Committee's website is, of course, welcome.).

4. Your article must be no shorter than 400 words and no longer than 2,000 words. At its sole discretion, the Committee may elect to publish submissions not meeting these requirements.

5.All submissions should be written with a professional audience in mind and should be presented in a straightforward "client update" style.

6. References are not necessary, but if included should be in the form of endnotes and should seek to conform to the Bluebook. References to previously published articles should be sparse.

7. Your article may not contain derogatory comments about any person, firm, company or organization.

8. If your article covers any ongoing litigation or dispute in which you or your employer (or a client) is involved—directly or indirectly—please flag your or your employer’s involvement (or the client's involvement) at the time of your submission. At its discretion, and depending on the nature and extent of the relationship, the Committee may require that this involvement be disclosed in a paragraph at the end of your article.

9. You are responsible for ensuring that your article is current. Any time-sensitive requests for publication should be noted with the submission. (“Priority” publishing requests will be considered, but are not assured.).

10. Your article must be submitted in Microsoft Word format.

11. Your article must include a brief bio of each author, including name, title, phone number, office address, employer, and email address. A link to your employer’s webpage satisfies this requirement. If you so choose, you may also include one high resolution photo (JPG) for each author. Your submission of a photo is consent that you would like your photo to appear with your article.

12. The Committee reserves the right to edit your article for spelling, grammar and punctuation in keeping with the Associated Press Stylebook and Bluebook, and to shorten your article if it exceeds 2,000 words. The Committee will not publish your article without first providing you with an opportunity to review Task Force edits made to your article.

13. The Committee reserves the right to change your article’s headline, but will consult with you about such a change prior to publication.

14. Although you, as the author, retain the copyright to your article, the American Bar Association's Global Anti-Corruption Committee reserves the right to republish or reproduce all or parts of your article indefinitely and free-of-charge, without prior consent from you or royalty payments to you or any third party.

15. The Committee will not pay for guest articles, nor do we charge for publishing on the American Bar Association's Global Anti-CorruptionTask Force website.

16. You, as the author, are responsible for ensuring the 100% accuracy of your article, including citations and article content. If the American Bar Association's Global Anti-Corruption Committee learns after publication that your article contains factual or other errors, at its sole discretion, the Committee may run a correction on its webpage, identifying the error and author.

17. On occasion, the American Bar Association's Global Anti-Corruption Committee may publish responses to articles, with such responses coming from Committee or non-Committee members.

We very much look forward to reviewing your article, and to offering it a quality platform where it will be exposed to, and enjoyed by, legal and business professionals, opinion leaders, and other sophisticated consumers of information.

Please submit all articles to co-chair T. Markus Funk at mfunk@perkinscoie.com, and include "Anti-Corruption Article Submission" in the subject line.

By submitting your article, you agree in all respects to the Guidelines set forth herein.

Join Us


Leadership

Co-Chairs:

Boutros, Andrew
Funk, T
Pugh, Preston
Senn, Mara

Committee Roster  


Insights from the Trenches


Anti-Corruption Powerpoints & Presentations


Resources

Modified by Kyo Suh on September 26, 2017

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