Hughes Hubbard represents companies and individuals around the world in investigations and sanctions proceedings by Multilateral Development Banks (“MDBs”) such as the World Bank Group (WBG), the African Development Bank (AfDB), the Asian Development Bank (AsDB), the European Bank for Reconstruction and Development (EBRD), and the Inter-American Development Bank (IADB). MDBs are aggressive in investigating and pursuing sanctions for misconduct such as fraud, corruption, or collusion on the projects the MDB funds. MDB sanctions can be crippling for companies working in the developing world and can have financial and reputational impacts that can go far beyond the imposed sanction. Defending and resolving these matters requires deep knowledge of the MDB sanctions process and the strategies best suited to each matter.

Hughes Hubbard’s breadth and depth of experience and history of success in all aspects of MDB investigations and sanctions proceedings is unmatched. We have assisted dozens of clients in the resolution of these matters, from audits, investigations, and Show Cause letter responses, to formal sanctions proceedings. We also have deep experience with post-sanction remediation and release efforts. We frequently serve as “buffer counsel” between clients and compliance monitors, and we have served numerous times as compliance monitors jointly appointed by MDBs and companies subject to compliance obligations. We draw on this comprehensive knowledge to guide clients through every step of the sanctions process from proactive compliance, through notice, resolution, and remediation of alleged violations.

In addition to skilled litigators, our team includes former investigators and policy makers at multiple MDBs. While at the WBG, one member of our team served as the first integrity compliance officer (ICO), and was a principal draftsman of the WBG's Integrity Compliance Guidelines. Our diverse team and intimate knowledge of the unique practices and processes of each MDB allows us to tailor and execute efficient and effective strategies for our clients in these critical matters.

For further information, please contact:

Michael A. DeBernardis

Co-Chair

Kevin T. Abikoff

Co-Chair

Michael H. Huneke

Co-Chair

MDB Investigations and Sanctions Matters

Represented a Chinese state-owned infrastructure company in contested proceedings before the World Bank Group Sanctions Board; secured immediate termination of suspension and proceedings. Sanctions Board Decision No. 88 (Sanctions Case No. 372) issued on June 29, 2016
Represented a French consulting company and individual in contested proceedings before the World Bank Group Sanctions Board; obtained acquittal on all charges by the Sanctions Board, reversing decision of the Office of Suspension and Debarment, and terminating suspension and proceedings. Sanctions Board Decision No. 81 (Sanctions Case No. 215) issued on September 29, 2015
Represented a Norwegian consulting engineering company in contested proceeding before the World Bank Group Sanctions Board; secured immediate termination of suspension and proceedings. Sanctions Board Decision No. 63 (Sanctions Cases No. 119 and No. 124) issued January 31, 2014
Represented a “Central” Chinese state-owned enterprise in connection with Negotiated Settlement Agreement with the AfDB related to allegations of fraud and collusion.
Represented a French infrastructure company in connection with Negotiated Resolution Agreement with the WBG related to misconduct on a WBG-financed project in Zambia.
Represented a Spanish construction company in connection with an investigation by the AfDB related to fraud and corruption.
Represented a Chinese state-owned infrastructure company in connection with a sanctions investigation by the AfDB involving alleged sanctionable practices related to projects in Africa.
Represented a Chinese design and engineering company in connection with an AsDB investigation and allegations of misconduct; secured resolution of the matter that involved no period of debarment.
Represented an executive of a company cooperating with a WBG investigation for sanctionable practices; matter was resolved without charges against the executive.

Post-Sanction Release and Monitorship Experience

Represented a Chinese SOE subject to a conditional debarment by an MDB; assisted the company in meeting cooperation and compliance obligations under its Negotiated Settlement Agreement; coordinated with independent compliance monitor and assisted company in obtaining early release from debarment.
Serving as the independent compliance monitor for a Chinese state-owned construction enterprise in connection with a debarment and sanction by the WBG.
Represented large hydropower company subject to conditional non-debarment by an MDB; assisted the company in meeting cooperation and compliance obligations under the Negotiated Settlement Agreement; coordinated with independent compliance monitor and assisted company in obtaining early release from its conditional non-debarment.
Serving as the independent integrity compliance consultant jointly appointed by a Chinese company and an MDB in connection with the company’s three-year debarment.
Serving as an independent integrity compliance expert to assess a debarred company’s bidding controls in connection with a WBG debarment.
Represented French-based multinational hydropower company in enhancing its integrity compliance program and coordinating with the independent compliance monitor appointed in connection with a WBG debarment; assisted company in obtaining release from debarment and full reinstatement to eligibility.

Kevin T. Abikoff

Co-Chair

Michael A. DeBernardis

Co-Chair

Michael H. Huneke

Co-Chair