In deciding to postpone the lawsuits, the DOJ took into account, among other things, the « significant corrective measures » taken by SHI, including increasing the number of employees in its compliance function, improving its anti-corruption policies, and imposing increased due diligence duties for the appointment of third parties.  The DOJ found that there was no need for independent monitoring because of these measures and the company`s agreement to prepare annual CCA compliance reports for the duration of the CCA.  The DOJ also found that SHI did not receive a full co-operation credit because it did not meet the « reasonable time limits imposed by the DOJ » and resulted in delays in finding a solution.  The total sentence for criminal justice reflects a 20% reduction from the bottom of the U.S. criminal guidelines and not the 25% reduction normally linked to a full cooperation credit without voluntary self-declaration. Under Canada`s proposed system of reorganization agreements, any agreement would require the final approval of a judge who would confirm that (1) the agreement is « in the public interest » and (2) that the « terms of the agreement are fair, proportionate and proportionate. » If the test used by Canadian judges appears to fit the British model – including the use of an identical language – judicial authorization would only take place after the negotiations had been completed. This runs counter to the British model, which requires direct participation in the judiciary during the negotiation process. FRP-AFA policies recognize that relevant documents may be subject to solicitors` privilege if the investigation is conducted by a lawyer.  However, the guidelines indicate that not all evidence contained in an investigation report is necessarily privileged and that a client may nevertheless waive this privilege. If a company refuses to disclose certain documents, prosecutors will determine whether the refusal is justified under the rules in force. In the event of a disagreement between the attorney and the company over the privilege, the attorney may consider the refusal to disclose the disputed information as a lack of cooperation. When the CEO of a Brazilian company learns that his company has committed an act of illegal corruption, should he order him to come forward and negotiate a leniency agreement with the Brazilian authorities, in accordance with the Brazilian Clean Company Act of 2013, which authorizes such transactions? In most cases, the corporate law department would probably advise against it.
Indeed, the number of leniency agreements specifically based on Brazil`s Clean Company Law has been much lower than expected. Gibson Dunn`s White Collar Defense and Investigations Practice Group successfully defends companies and senior executives in a large number of investigations and prosecutions at the federal and regional level and conducts sensitive internal investigations for large companies and their boards of directors in almost every industry. The group has members around the world and in every domestic office of the firm and relies on more than 125 lawyers with strong government experience, including more than 50 former federal prosecutors and prosecutors and public servants, many of whom have worked at a senior level at the Department of Justice and the Securities and Exchange Commission. as well as former non-Americans. Enforcer. Joe Warin, a former federal prosecutor, is co-chair of the group and served as the U.S. advisor for the compliance monitor for Siemens and the FCPA compliance monitor for Alliance One International.