How AI and Deferred Prosecutions are Impacting Anti-Corruption Cases Globally

The article How AI and Deferred Prosecutions are Impacting Anti-Corruption Cases Globally is written by Bill Doogue, Director, Doogue + George.

Bill directs the operations of Doogue + George and is an accredited criminal law specialist with over 30 years’ experience as a lawyer. He has been consistently recognised by Doyles Guide as a Leading White Collar Crime, Corporate Crime & Regulatory Investigations Lawyer in Australia as well as a Preeminent Criminal Defence Lawyer in Australia.

Bill handles serious white-collar cases, including tax fraud & tax evasion, bribery & corruption, as well as investigations led by the AFP, ASIC, and IBAC. His excellence in the field earned him a Law Institute of Victoria Service Award in 2013.

I recently attended the International Bar Association Anti-Corruption Committee Asia Conference (IBAACC) in Singapore where two topics had me thinking about their impact and relevance in Australia.

The first is the growing role of artificial intelligence (AI) in shaping the way criminal cases are prosecuted and defended and the second is the use of deferred prosecution agreements (DPAs) in resolving complex corruption cases without resorting to a full-blown trial.

Both are game changers for anyone working in criminal law, confiscations, or proceeds of crime cases.

Here’s a closer look at how these trends are shaping the legal landscape—and why they matter.

AI and Technology: The New Investigative Powerhouse

AI is becoming a key player in how investigators and prosecutors handle cases. The sheer volume of data available today can be overwhelming, but AI tools are making it possible to not only process and analyse this information faster but for users to identify patterns and to gather evidence to support their cases.

Here’s how tech is being used right now:

• Digital Reporting Platforms
  These platforms make it easier for people to report suspected corruption. By centralising and organising reports digitally, agencies can quickly access and act on data, speeding up their investigations.
• Data analytics
  Investigators are now using data analytics to sift through mountains of data and detect patterns in financial transactions (for example) that might point to allegedly corrupt activities. While data analytics speeds up investigations, panellists at IBAACC questioned its efficacy and completeness.
• Blockchain
  Blockchain technology is aimed at increasing transparency in transactions. Since blockchain creates an unchangeable record, it can be useful for tracking government contracts or high-risk financial transactions, making it much harder to hide potentially corrupt activities.
• Digital Evidence
  With so much of our lives online – emails, texts, and digital records have now become critical pieces of evidence. Digital forensics is helping investigators piece together cases in ways we couldn’t imagine a decade ago.

For defence lawyers, these advances mean we need to stay up to date on tech and engage with it. If we’re not using the same or similar platforms to look at the data on a brief of evidence, then we’re already a step behind.

But here’s the rub: AI tools are only as good as the criteria fed into them. What if the algorithms searching for evidence miss something that could help the defence? It’s a concern the panellists flagged, and it’s one we can’t ignore.

The bottom line? While AI is revolutionising investigations, there’s still work to be done to ensure it’s fair, reliable, and doesn’t leave room for bias or error.

Deferred Prosecutions Agreements: A Way Forward?

Another key takeaway from the conference was the increasing use of deferred prosecution agreements (DPAs) outside Australia in corruption cases.

Instead of taking every case to court, DPAs allow prosecutors to reach a settlement with corporations (and sometimes individuals) if they admit responsibility, agree to pay a fine, or take other corrective action, like implementing stricter compliance policies.

DPAs can be a useful option to keep in mind when a client is facing serious charges in complex, high-stakes cases like foreign bribery and corruption. They can provide a path forward without the heavy burden of a trial, but the terms need to be carefully negotiated to avoid future liabilities and ensure compliance with the agreement.

If you’d like to discuss how these developments could affect your practice—or need advice on a specific case—please reach out to me at +61 3 9670 5111.

Date Published: 29 November 2024