A/HRC/35/33
elaborated a set of High-Level Principles on Mutual Legal Assistance, which detail the
basic practices for cross-border cooperation in foreign bribery cases. 71
80.
Many information exchange platforms also exist to facilitate cross-border
cooperation. For instance, The INTERPOL Secure Communications for Asset Recovery
system provides an encrypted channel to allow law enforcement officers in its Global Focal
Point Network on Asset Recovery to exchange sensitive data during investigations. 72 The
Financial Action Task Force of Latin America has also developed a secure platform to
exchange information as part of its Asset Recovery Network.73
81.
These networks and tools have been successfully used by law enforcement in
numerous cross-border cases. For example, connections made through several networks,
including the Corruption Hunters Network, facilitated the trust needed for Brazilian, French
and Swiss authorities to cooperate in investigating and prosecuting the French firm Alstom
for bribing officials in Brazil to win a contract to supply electrical equipment for the São
Paulo power company. 74 Information provided by law enforcement in France and
Switzerland, including evidence of large deposits in Swiss bank accounts related to the
bribery, led to a settlement of R$60 million paid by the firm.
82.
Parallel investigations and prosecutions in the Brazil, Switzerland and United States
recently led to what was described as the largest-ever global foreign bribery resolution in
history.75 Through significant cooperation between the three States, investigators uncovered
a massive bribery scheme conducted by Odebrecht S.A. and Braskem S.A. to win contracts
in Latin America and Africa. The two companies pled guilty to the charge of conspiracy to
bribe foreign officials and agreed to pay at least $3.5 billion in penalties, which was shared
among the Governments of the three countries.
83.
Through the use of mutual legal assistance, the United States Department of Justice
and Nigerian Economics and Financial Crimes Commission successfully prosecuted
multiple cases against companies trying to bribe officials of the Government of Nigeria. In
2008, Willbros Group Inc. and its subsidiary, Willbros International Inc., agreed to pay $22
million in criminal penalties relating to a bribe paid in Nigeria to secure rights to a pipeline
project.76 In addition, in 2010, the Department of Justice and the Commission conducted
parallel investigations into a consortium of four companies, including Kellogg Brown &
Root LLC, that had allegedly bribed Nigerian officials to win contracts for natural gas
projects in Nigeria.77 Significant cooperation between the two countries, and by authorities
in France, Italy, Switzerland and the United Kingdom, ultimately led to the United States
and Nigeria receiving $1.5 billion and $126 million, respectively, in fines and
disgorgement.78
71
72
73
74
75
76
77
78
18
See www.oecd.org/g20/topics/anti-corruption/High-Level-Principles-on-Mutual-LegalAssistance.pdf.
See www.interpol.int/Crime-areas/Corruption/International-asset-recovery.
See www.gafilat.org/content/cooperacion/#1 (Spanish only).
See R. Messic, “Furthering Cross-Border Cooperation to Fight Corruption” (2015), available from
https://globalanticorruptionblog.com/2015/12/23/furthering-cross-border-cooperation-to-fightcorruption/; and A. Fontana, “Transforming Brazil’s anti-corruption record — Interview with Dr.
Sílvio Antonio Marques” (2017), available from www.cmi.no/publications/6155-transformingbrazils-anti-corruption-record.
See United States Department of Justice, “Odebrecht and Braskem Plead Guilty and Agree to Pay at
Least $3.5 Billion in Global Penalties to Resolve Largest Foreign Bribery Case in History”
(21 December 2016). Available from www.justice.gov/opa/pr/odebrecht-and-braskem-plead-guiltyand-agree-pay-least-35-billion-global-penalties-resolve.
See United States Department of Justice, “Willbros Group Inc. Enters Deferred Prosecution
Agreement and Agrees to Pay $22 Million Penalty for FCPA Violations” (14 May 2008). Available
from www.justice.gov/archive/opa/pr/2008/May/08_crm_417.html.
See J. Holtmeier, “Cross-Border Corruption Enforcement: A Case for Measured Coordination Among
Multiple Enforcement Authorities”, Fordham Law Review, Vol. 84, Iss. 2 (2015), pp. 493 and 498-99.
Available from http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=5143&context=flr.
Ibid. See also United States Department of Justice, “Kellogg Brown & Root LLC Pleads Guilty to
Foreign Bribery Charges and Agrees to Pay $402 Million Criminal Fine” (11 February 2009).
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