Following the introduction of the Japanese “plea bargaining” system last year, Japanese prosecutors began to pursue white-collar crimes. The new system allows them to secure the cooperation of companies and gather evidence to prosecute individuals. This system, at first glance, seems similar to Deferred Prosecution Agreements (DPA), in which prosecutors defer prosecution against a corporation that cooperates and reforms its governance and compliance systems to deter recidivism. Originating from the USA, versions of DPAs are now part of the law in England and Wales and they constitute a key tool in the fight against economic crime across the world.

However, a closer analysis reveals significant differences between the systems, especially in terms of the incentive structures they create. In this seminar, we will review these differences, taking into account the cultural differences between Japan and England and Wales, and explore the legal tools available in the fight against global corporate criminality.

This seminar was arranged in cooperation with the British Japanese Law Association.

About the contributors

Maruhashi Shōtarō is Professor of Law in the Faculty of Economics and Law and Director of the Research Centre of Social Systems at Shinshu University, Japan. He specialises in investigation law, with a particular focus on corporate crime and privileges in criminal procedures. His recent publication explores the privilege to avoid self-incrimination in Japan.

Fukamizu Daisuke is a Partner at Nagashima Ohno & Tsunematsu and Associate Research Professor at Shinshu University, Japan. He has handled numerous internal investigations and related government actions involving alleged accounting fraud, cartel agreements, FCPA violations, and insider trading. He earned his LL.M. from The Dickson Poon School of Law, King’s College London.

Alun Milford is a partner in the Criminal Litigation team at Kingsley Napley. He specialises in serious or complex financial crime, proceeds of crime litigation and corporate investigations. He has particular knowledge and experience of issues surrounding corporate crime and deferred prosecution agreements. He joined Kingsley Napley from the public sector where, over a 26-year career as a government lawyer and public prosecutor, he worked in a wide variety of roles including General Counsel at the Serious Fraud Office, the Crown Prosecution Services’ Head of Organised Crime, its Head of Proceeds of Crime, and Revenue and Customs Prosecutions Office’s Head of Asset Forfeiture Division.

Organised by the Daiwa Anglo-Japanese Foundation and the British Japanese Law Association

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