- Can shareholders be considered victims under the US Mandatory Victims Restitution Act? (USA v OZ Africa Management GP, LLC)
- What was the background to this decision?
- What were the issues?
- Whether the shareholders could be considered as victims within the meaning of MVRA
- Whether the plea agreement blocked the court from ordering restitution to the shareholders
- The calculation of any payment of restitution
- What did the court decide?
- What are the key takeaways for those advising corporates on corporate criminal liability under FCPA?
- Do you envisage similar principles being applied in our domestic (England & Wales) regime?
Corporate Crime analysis: Jasvinder Nakhwal, partner at Peters & Peters, and trainee solicitor, Emmy Ehrenberg-Shannon, examine the case of USA v OZ Africa Management GP, LLC, which dealt with the question of whether shareholders can be considered victims under the US Mandatory Victims Restitution Act (MVRA) and consider whether similar principles could be applied in the UK.
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