Over the past decade, countries have increasingly used settlements —that is, any procedure short of a full trial—to conclude foreign bribery cases and have imposed billions in monetary sanctions. There exists a gap in knowledge, however, regarding settlement practices around the world and the disposition of these monetary sanctions—notably through the lens of recovery of stolen assets.
Left out of the Bargain provides an overview of settlement practices by civil and common law countries that have been active in the fight against foreign bribery.
Using the United Nations Convention against Corruption (UNCAC) as its point of reference, the study addresses concerns voiced by the international community: What happens to the money associated with the settlements, and is it being returned to those most directly harmed by the corrupt practices? And what can be done to assist those countries harmed by foreign bribery?
StAR undertook the study, Left out of the Bargain, at the request of the International Corruption Hunters Alliance (ICHA). During its inaugural meeting in 2010, members of ICHA expressed interest in the growing practice in settlements and particularly the impact of settlements on asset recovery.