Corporate crime

prevention project

and

Best practices

manual

Dr. Wybe Th. Douma

T.M.C. Asser Institute,

The Hague

Outline

1.Introduction2.Activities3.Findings4.Further information

1. Introduction

Official title of project:“Preventing fraud, corruption and bribery committedthrough legal entities for the purpose of financial and economic gain”

Main aim: Contributing to more effective prevention

Funded by: European Commission & Dutch Ministry of Security and Justice

Project partners:T.M.C. Asser Institute for International and EU lawPISM - Polish Institute of International Affairs

Specific aims:

(i)increased knowledge among the authorities of the EU MS and international regulations related to organised crime, fraud and corruption

(ii)improved understanding of the opportunities for the circumvention of those regulations misusing legal entities;

(iii)insight into the possibilities for improvement of the afore mentioned rules and regulations and enhanced awareness of available best practices.

2. Activities

30 questionnaires for national expertscomparative study on implementation and application of int. & EU legislation on prevention of & fight against crimes such as fraud, corruption and bribery committed by legal entities draft inventory of best practices; conference in Warsaw, Poland;experts meeting in The Hague, Netherlands

Results in: Manual of best practices

3. Comparative study

Part A) The legal framework of corruption, bribery and organised crime committed by or through legal entities

Part B) Application of preventive strategies and measures

Part C) Inventory of best practices

Part A) The legal framework

organised crime definitions:-a stable association of two or more persons acting with a view to commit serious crimes (most States)-a form of conspiracy set up for the immediate commission of an offence (nine States)-mixed definitions

Part A) The legal framework

-In most cases active participation to such structured associations are criminalised and made a punishable offence-In most States, by their participation to such structured associations, leading persons can institute the (criminal) liability of the legal entity these persons are their “directing mind and will” of.

Part B) Application of preventive strategies and measures

-13 of 30 States have preventive policies with regard to private sector corruption -overview of national authorities and their international counterparts -cooperation with the international counterparts mainlyby collecting, analysing and exchanging corruption related data -national agencies could form effective tools in addressing corruption, fraud and organised crime

Part B) Application of preventive strategies and measures

Examples of preventive measures:-Prevention through setting up special training programs in the private sector addressing accounting misconduct-Codes of conduct in this area-Disqualification of corrupt directors and managers of private legal entities-Measures to encourage “pentiti” & protection to witnesses

Part C) Inventory of best practices

* contact points* whistle-blowers* interconnection of business-registers and public records

Sector specific best practices: * illegal trafficking of waste* public procurement* emission trading

4 Further information

Manual was finalised in February 2013 & distributed widely

Documents accessible at:www.asser.nl, projects, Corporate Crime Project

THANK YOU FOR YOUR ATTENTION!

Wybe Th. Doumaw.t.douma@asser.nl

www.asser.nl