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Nicola Bonucci

In this episode, Nicola Bonucci (Paul Hastings LLP and former Director for Legal Affairs for the Organization for Economic Cooperation and Development (OECD) discusses the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Among the issues discussed are: (i) the false narrative that the FCPA (post 1998 amendments) “conforms” to the OECD Convention; (ii) whether the OECD Convention or its commentaries has any form of “legislative history”; (iii) the narrative often heard by the OECD (and others) that it is too difficult in certain jurisdictions to convict a business organization of a bribery related crime; (iv) whether the OECD prioritizes quantity of enforcement over quality of enforcement; (v) why anyone should care what non-U.S. experts think about the U.S. FCPA, U.S. law enforcement policies and practices, and U.S. jurisprudence.

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