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A cross-border guide to corporate criminal liability and enforcement

A cross-border guide to corporate criminal liability and enforcement 3

Freshfields –

A cross-border guide to corporate criminal liability and enforcement 4Society’s relationship with business has shifted over recent years, bringing corporate conduct firmly into the
spotlight.

Often in response to calls for greater corporate accountability, governments and enforcement
agencies have increasingly been turning to the criminal law to hold companies liable for misconduct occurring within their organisations or for their benefit.

Across various jurisdictions, lawmakers have introduced a growing number of offences for which companies can be prosecuted. And many agencies with criminal powers are increasingly using them to pursue companies – in the areas of tax, antitrust, anti-bribery and corruption, financial services
and environmental law, to name a few

The risk of criminal enforcement action in many European jurisdictions and the US has long been a reality
for multinational companies. But we are now seeing stronger laws and/or more enforcement activity in jurisdictions in Asia, Latin America and Africa as well. As such, global companies must actively manage their criminal law risks in all regions within which they operate.

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