Abstract

PULECIO BOEK, Daniel. THE UNITED STATES FOREIGN CORRUPT PRACTICES ACT AND LATIN AMERICA: THE INFLUENCE OF LOCAL PROSECUTORIAL EFFORTS IN TRANSNATIONAL WHITE-COLLAR LITIGATION. Int. Law: Rev. Colomb. Derecho Int. [online]. 2014, n.24, pp.21-58. ISSN 1692-8156.

Within the field and practice of White-Collar criminality and litigation in the transnational sphere, the US Foreign Corrupt Practices Act occupies a central role. When a corporation bribes a foreign public official, the FCPA as well as local Penal Codes will be violated. Therefore, an individual and/or corporation could eventually be prosecuted by local authorities and the US Department of Justice under the FCPA. This presents double jeopardy and collateral estoppel issues, which this paper will address. Furthermore, this paper will focus in Latin American comparative criminal law, to analyze the influence that could -or should- be exerted over the DOJ with transnational white-collar litigation strategies. Primarily this paper suggests that active involvement of corporations in local prosecutorial efforts in Latin America can bring beneficial consequences in DOJ conducted FCPA investigations.

Keywords : Foreign corrupt practices act; white-collar crime; comparative criminal law and procedure; Latin America; transnational litigation strategies; double jeopardy; dual sovereignty doctrine; collateral estoppel; Corrupt practices; white collar crimes; criminal law; trials; litigation; res judicata; sovereignty; estoppel.

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