Too Small to Debar? Too Small to Disgorge Illegal Profits? What About the Senior Executives, Including the CEO?*

From an international perspective, there is a lack of debarment from public procurement and disgorgement of illegal profits by senior executives of corporations that conclude a negotiated settlement in grand corruption in domestic or foreign bribery cases. Instead, the corporations serve as scapegoats and are paying to protect high-profile individuals. When an individual provides substantial cooperation, it still be possible to negotiate jail time and fine amounts, but not debarment or disgorgement for those who planned, initiated, or carried out the wrongdoing. It is important to consider and motivate the disgorgement by forfeiture of shares or debarment of executives to ultimately change the control and the culture of the corporation. Additionally, it is necessary to enhance coordination across agencies and compliance offices, so that they can join particular skills and implement measures not taken before, although in different stages. The countries should help each other to implement these measures in a harmonized way, including through civil or administrative procedures, whether to recognize foreign decisions or start new procedures in favor of the victim country of corruption. International recommendations are necessary in this field.