Keywords
white collar crimes
criminal law
trials
litigation
res judicata
sovereignty
estoppel
Foreign corrupt practices act
white-collar crime
comparative criminal law and procedure
Latin America
transnational litigation strategies
How to Cite
Abstract
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.
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