Cross-Border Internal Investigations in Spain

Anti-Corruption Report
11 minute read | December.17.2020

In recent years, more and more U.S. investigations have touched Spain and various countries within Latin America, in particular Argentina, Brazil, Colombia and Mexico. Loosely speaking, these countries have cultural, language and regional affinities and similarities that make them useful to study in tandem. If not carefully considered, cross-border investigations involving these nations can easily go astray.

This two-part article about Spain addresses the framework for government and internal investigations in that country, with an aim towards describing best practices for companies and their counsel to follow. The first installment discusses the criminal process, criminal and civil liability of legal entities and persons, and the role of corporate compliance programs, while the second installment addresses conducting internal investigations, including issues related to attorney-client privilege, document retention, conducting interviews, and self-disclosure.

Originally published in Anti-Corruption Report; reprinted with permission.