Multinational companies face many legal challenges with cross-border bribery investigations. Over the last several years, countries, including the United States, have increased their scrutiny and prosecution of bribery charges. By definition, cross-border bribery matters involve multiple jurisdictions, each of which may claim the right to prosecute, and prior multi-jurisdictional cases have resulted in the “piling on” of penalties. Cooperation between prosecutors provides some protection against multiple prosecutions. But this protection is uncertain, meaning that multinational companies must deal with multiple laws and address the risk of double jeopardy.

In March, the landscape for multinational companies became more treacherous when the French Supreme Court ruled that double jeopardy is not a viable defense to prevent the prosecution of a company that had entered into a plea agreement for charges in another country. The French court rejected an argument that a French company should not be subject to a conviction in France if the company had previously pled guilty for the same conduct in another country.