Left Out of the Bargain

Are settlements in foreign bribery cases undermining asset recovery efforts? This study examines settlements in foreign bribery cases and their implications for asset recovery, offering insights for legal practitioners, policymakers, and civil society organizations. Left Out of the Bargain addresses the core issue of how monetary sanctions through settlements compare to UNCAC requirements for recovering proceeds of corruption. It explores the effect of settlements in one jurisdiction on investigations in another, raising questions about transparency, judicial review, and the impact on actions against bribe-givers and recipients. Using case studies and legal analysis, this report maps the contours of settlements in both common and civil law jurisdictions. It identifies key features of settlements and recommends best practices, informed by UNCAC requirements, to ensure fairness and promote effective asset recovery. Discover how settlements can be reshaped to better serve justice and international cooperation.