Treaty Double Jeopardy: The OECD Anti-Bribery Convention and the FCPA

Abstract

This article explores the possibility of "double jeopardy" protection arising from an international treaty. In specific, it examines whether, either as a matter of general principle or from the treaty's express provisions, the OECD Convention on Combatting Bribery of Foreign Public Officials protects a defendant from multiple or successive prosecutions under our domestic Foreign Corrupt Practices Act.

Keywords: bribery, dual sovereignty, Foreign Corrupt Practices Act