Michael DeBernardis Examines Rules of Evidence in MDB Sanctions Proceedings

Highlights

• Michael DeBernardis authored a chapter for the second edition of GIR’s guide to MDB investigations, explaining how MDB sanctions proceedings differ from court proceedings.
• DeBernardis highlights why understanding MDB‑specific evidentiary rules is critical to effective defense strategies, revealing both the risks and strategic opportunities these proceedings present.

March 12, 2026

Michael DeBernardis examines the rules of evidence in multilateral development bank (MDB) sanctions proceedings in the second edition of Global Investigation Review’s Guide to Multilateral Development Bank Investigations.

The chapter explains the ways that MDB sanction proceedings differ from court proceedings, being administrative in nature, and with respondents that are not afforded the same procedural protections as defendants in criminal or civil proceedings.

DeBernardis and co-author Anne Gaustad explore these evidentiary rules and, where applicable, how they differ from those applied in typical judicial processes.

The article also emphasizes that effective defense strategies depend on understanding these MDB‑specific rules, which, despite being restrictive in some respects, can also create unique opportunities for respondents who navigate them strategically.

“It is important to remember that sanctions proceedings are not judicial proceedings and that the rules, standards and burdens that might apply in a legal setting are largely irrelevant,” DeBernardis writes. “While respondents can be alarmed by this approach, the practices and processes adopted by the MDBs also offer their own unique opportunities to present a defence or mitigation that can be extremely beneficial to respondents.”

Read the chapter.