Monday, July 22, 2019
Guest Blogger - Dmitriy Kamensky
The American Bar Association Criminal Justice Section Global White Collar Crime Institute convened in Prague, Czech Republic, in June 2019 to examine some to the most pressing issues in the field. The synergy and intellectual power of the two previous Global White Collar Crime Institutes in Shanghai (2015) and São Paulo (2017) has been increased in the beautiful city of Prague, while providing the participants with a deep exploratory insight into the legal complexities of white collar crime in the growing central and eastern European legal markets and beyond.
In his opening keynote address, Matthew Miner, Deputy Assistant Attorney General of the United States, U.S. Department of Justice, discussed enforcement priorities and offered case examples illustrating the increasing level of international coordination between the U.S. Department of Justice and other countries (namely – United Kingdom, Germany, Brazil, Switzerland and Czech Republic). Mr. Miner also commented on current high profile corporate crime prosecutions and informed the participants on the recent updates in the Department Policy on Evaluation of Corporate Compliance Programs. He also specifically addressed the DOJ’s zero tolerance approach to foreign corrupt practices under the FCPA framework and provided examples of two recent cases of large-scale corruption in foreign countries, facilitated by large multinational corporations, as examples of this strong-arm approach.
After Mr. Miner’s address, the Third Global Institute proceeded with the “Meet the Enforcers” panel moderated by Professor Lucian Dervan of Belmont University College of Law and featuring Mr. Miner, Mr. Matthew Wagstaff (Head of the Bribery and Corruption Division, Serious Fraud Office, United Kingdom), and Mr. Pavel Zeman (Prosecutor General of the Czech Republic). Mr. Zeman and Mr. Wagstaff, both representing high public enforcement offices in their respective countries, furthered the American-led discussion of pressing legal issues, related to white collar crime enforcement across the borders, specifically in the more harmonized European Union environment. The Institute also welcomed Dr. Adrian Jung, a Special Counsel on “Internal Investigations” to the German Federal Ministry of Justice. Dr. Jung presented a detailed overview of the drafting legislation for Germany regarding corporate criminal liability and internal investigations with a strong potential for changing the corporate criminal enforcement framework in Europe. It is worth mentioning, that a few of the discussed elements of proposed corporate criminal enforcement regime in Germany mirror the long established provisions of the U.S. corporate criminal liability doctrine.
Other panels in the intensive course of the two-day conference brought together a group of outstanding practitioners from different jurisdictions and provided detailed expert insight into the current developments of traditional and new areas of white collar crime defense bar. The panels covered such topics as Lessons Learned from the VW Internal Investigation, Data Privacy and GDPR, Extradition Process and Interpol Red Notice Enforcement, Current Global Anti-Corruption Trends, as well as Changes in Enforcement Policies after Brexit.
Though he has not yet revealed the location of the Fourth Global White Collar Crime Institute, Professor Dervan, who serves as Chair of the Institute, told participants that the next Institute will occur in 2021. I look forward to that next Institute in some new corner of the globe.
(Dmitriy Kamensky is a Professor of Law at Berdyansk State University, Ukraine and a Visiting Adjunct at Stetson University College of Law)