Clancy, Á. orcid.org/0000-0002-2953-3551 (2022) A better deal? Negotiated responses to the proceeds of grand corruption. Criminal Law Forum, 33 (2). pp. 149-188. ISSN 1046-8374
Abstract
Judicially supervised negotiated settlements have featured heavily of late in discourse on responses to financial crimes committed by corporations. The United States has recently concluded a series of proceeds of kleptocracy settlements with individuals using processes which, from transparency and accountability perspectives, compare favourably to England’s asset recovery practice. This paper seeks to foster a conversation on whether the use of negotiated responses could or should be extended to arrangements with natural persons who are suspected of laundering the proceeds of grand corruption in England. It addresses some reservations that arise where negotiated responses to official corruption are employed and seeks to identify principled and practical justifications for the use of settlements instead of public civil recovery proceedings. It also draws on the US and English experiences in entering into settlements with companies for bribery offences in attempting to identify some of the main pitfalls and benefits implicit in utilising negotiated responses to corruption. The paper concludes by tentatively endorsing as an imperfect but pragmatic option the use of settlements as an alternative to existing asset recovery measures for corruptly-acquired assets.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s). This article is an open access publication 2022. Open Access: This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 09 Sep 2022 15:26 |
Last Modified: | 09 Sep 2022 15:26 |
Status: | Published |
Publisher: | Springer Science and Business Media LLC |
Refereed: | Yes |
Identification Number: | 10.1007/s10609-022-09436-6 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:190598 |