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The authors are with Perkins Coie, Denver. T. Markus Funk is an associate editor of Litigation and a national cochair of the ABA’s Global Anti-Corruption Task Force.
Germany has assumed a “leading position” in the investigation and prosecution of foreign bribery cases, according to a March 2011 report by the Organisation for Economic Co-operation and Development’s (OECD’s) Working Group on Bribery. “Germany’s enforcement has increased steadily and resulted in a significant number of prosecutions and sanctions imposed in foreign bribery-
related cases against individuals,” the OECD stated. Similarly, Transparency International rates Germany as having “active enforcement” of the OECD’s Anti-Bribery Convention.
Indeed, in recent years, Germany has been second only to the United States in the number of foreign bribery cases being tried, and third to the United States and United Kingdom in cases charged. Accordingly, companies doing business in Germany or with German companies are well advised to make themselves familiar with Germany’s anticorruption laws.