Skadden has published a useful report about trends and specific developments and cases relevant to this topic. Today’s multinational corporations are well aware that regulatory and law enforcement investigations are often global in scope. U.S. authorities, for example, currently are conducting high-profile cross-border investigations concerning corrupt practices or bribery, market manipulation, tax fraud, price-fixing and sanctions violations, among other areas.
The United States Department of Justice’s (DO J) global investigative focus has resulted,among other things, in increased scrutiny of compliance programs of multinational corporations. Marshall Miller, principal deputy attorney general for the Criminal Division of the DO J, has said that the DO J’s recent prosecutions of multinational corporations reflect failures “in global enforcement of compliance programs” and “of any ‘culture of compliance’to extend beyond U.S. borders,” and the rise of a culture favoring profits over compliance.
International cooperation, though not a new phenomenon in global investigations, is on the rise. Authorities worldwide are cooperating with U.S. authorities in a wide range of investigations, providing access to information and evidence, in addition to initiating their own parallel investigations….
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