Associate Jesse Van Genugten recently authored two articles addressing issues related to corporate anti-bribery investigations in the Review of Litigation and the Georgetown International Law Journal, respectively.
The first, titled “Opening the Door to Court-Ordered Restitution for Corporate Criminal Liability: A Cautionary Tale,” discusses how a memorandum penned by Judge Garaufis, of the Eastern District of New York, marshaled in a period of newfound uncertainty for corporate actors seeking to resolve criminal investigations through plea negotiations. In the ruling, the federal court found, for the first time, that the Mandatory Victims Restitution Act (MVRA) could be used to resolve victims' claims against a corporate defendant that pleaded guilty. The MVRA serves as a legal mechanism for victims requesting court-ordered restitution. But before this ruling, its expansive provisions had yet to extend to corporate criminal liability.
The second, titled “Ungagging the Whistleblower in Foreign Corrupt Investigations: Turning International ‘Best Practices’ into Reality,” conducts an in-depth review of international best practices aimed at protecting whistleblowers and offers concrete solutions for removing unnecessary obstacles to whistleblower disclosures in foreign bribery investigations.