Michael DeBernardis and Jonathan Zygielbaum Co-Author Chapter for Global Investigations Review’s Guide to Multilateral Development Bank Investigations

Feb. 27, 2025 – Michael DeBernardis and Jonathan Zygielbaum co-authored the chapter “Rules of evidence in MDB sanctions proceedings” for Global Investigations Review’s (GIR) Guide to Multilateral Development Bank Investigations.

In their chapter, DeBernardis and Zygielbaum provide an overview of the unique evidentiary rules for multilateral development bank (MDB) sanctions proceedings. MDB sanctions proceedings are not court proceedings, but rather are administrative in nature and respondents are not afforded the same procedural protections as defendants in criminal or civil proceedings. The authors emphasize that practitioners and respondents must recognize this distinction when advising clients on MDB sanctions proceedings.

The chapter provides a brief overview of the MDBs’ conception of due process, which ultimately serves as the foundation for their evidentiary rules and can be useful for respondents trying to understand and navigate these rules.

“The rules of evidence in MDB sanctions proceedings are unique, nuanced and sometimes purposefully general,” they write. “Understanding of and familiarity with the rules in these proceedings and the common practices and approaches of each MDB are critical to establishing a successful defense and achieving the best possible outcome.”

GIR’s Guide to Multilateral Development Bank Investigations provides a comprehensive analysis of MDB integrity, bringing together perspectives from legal practitioners, consultants and MDBs with the goal of fostering greater accountability and collaboration in the fight against misconduct in MDB-financed projects.