Felipe Sottorff Araya on Corporate Criminal Liability in South America [Podcast]




Compliance Perspectives show

Summary: By Adam Turteltaub<br> <br> Go back roughly twenty years and you wouldn’t find a country in South America that had corporate criminal liability laws. Today, though, the picture has changed dramatically.<br> <br> <a href="mailto:Felipe%20Sottorff%20Araya%20%3cfelipe.sottorff@gmail.com%3e">Felipe Sottorff Araya</a> (<a href="https://www.linkedin.com/in/felipe-sottorff-araya-ll-m-17331364/">LinkedIn</a>), a compliance consultant from Chile who recently moved to the US, reveals that half of the countries now have corporate criminal liability statutes, the latest being Colombia.<br> <br> That doesn’t mean they all have the same laws. There are significant differences among the countries when it comes to triggers for corporate criminal liability. Some have adopted broad rules; others have taken a narrow route.<br> <br> There are common elements, however. Bribery is treated as a corporate liability trigger throughout. In addition, the crime has to be committed to benefit the company.<br> <br> Another common element: expectations for compliance programs. Each country follows the seven elements approach found throughout the world.<br> <br> Listen in to learn more about the changing landscape of corporate criminal liability and also learn where organizations are most likely to fall short in their compliance efforts.