Monthly Archives: March 2011

Anti-Bribery and Corruption, Compliance, Election and Political Law March 30, 2011

BRIEFING NOTE – UK Bribery Act, Section 9 Guidance

The Government has released Guidance on the Act, which is intended to help organisations understand how the Act will operate and how to deal with the risks of bribery. The Guidance gives insights into how the Act might be interpreted, but does not give assurances. It suggests procedures that might be adequate, but does not set down rules.… Continue Reading

Anti-Bribery and Corruption, Compliance March 30, 2011

The Guidance is published: The Bribery Act will come into force on 1 July 2011

This morning, the Justice Secretary, Ken Clarke, announced the publication of the Guidance and confirmed that the Bribery Act will come into force on 1 July 2010. Mr. Clarke explained that the delay in its publication had enabled him to listen to business groups to make sure the legislation was implemented in a "workable, common sense" way.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends March 28, 2011

Is compliance with the Guidance also compliance with the Bribery Act?

Compliance with the Guidance will take companies a long way towards compliance with the Act, it will not be a complete defence in circumstances where the SFO has taken the decision to prosecute. Consequently, whenever it is eventually published, the Guidance will need to be treated with caution by companies seeking to comply with the Bribery Act.… Continue Reading

Anti-Bribery and Corruption, Compliance March 25, 2011

Adequate procedures: a paper compliance programme is not worth the paper it’s written on

The recent prosecution of IBM highlights a number of important lessons, one of which is that anti-corruption policies and procedures are meaningless if they are not implemented.… Continue Reading

Anti-Bribery and Corruption, Compliance March 23, 2011

IBM pleads guilty to offences under the FCPA – would these facts constitute offences under the new UK Bribery Act 2010?

What would be IBM's predicament in the UK on these same facts if the Bribery Act had been in force at the time that the offences (or alleged offences) had taken place.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends March 22, 2011

Welcome to the Permanent Campaign

After the Supreme Court’s 2010 decision in Citizens United, much of the debate focused upon how the ruling would open the door for more corporate and union political activity. While no significant for profit corporate activity arose during the 2010 election cycle, there was an increase in political activity by corporate non-profits (and of course unions). … Continue Reading

Anti-Bribery and Corruption March 22, 2011

Bribery of public officials: Judicial review and misfeasance in public office

You're unsuccessful in a tendering process run by a UK government authority. Later you learn that the rival organisation that was awarded the contract paid a sizeable bribe to the official responsible for determining the outcome of the process. What can you do?… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends March 21, 2011

New Episode in the aftermath of the Halliburton Nigeria Bribery Scandal

Jeffrey Tesler, a British solicitor, pleaded guilty in Texas on the count of conspiracy and of violating the US Foreign Corrupt Practice Act ('FCPA'), which criminalises the bribery of foreign public officials.… Continue Reading

Anti-Bribery and Corruption, Compliance March 16, 2011

Newsflash: UK listed companies with no presence in the UK may escape the Bribery Act

The Guardian newspaper reported on 15th March that the Bribery Act guidance being drafted by government lawyers should exclude foreign companies… Continue Reading

Election and Political Law, Enforcement and Prosecution Policy and Trends March 16, 2011

A Question of Ethics: Members’ Travel Expense Process Poses Risks

Karl Rodney of the Carib News Foundation was recently charged with making false statements to Congress in connection with the sponsorship of several Members’ travel to conferences in the Carribbean. Federal prosecutors allege that he failed to disclose corporate sponors on the sponsor certification form submitted to the House Ethics Committee. The latest Question of… Continue Reading

Anti-Bribery and Corruption March 11, 2011

Subject to Inquiry Expands!

We are happy to announce a new feature to the Subject to Inquiry blog. Our colleagues in London have just launched the Bribery Library. The blog focuses in on the UK Bribery Act and discusses its implications on businesses. There are already several insightful posts on the site and you can access them here or… Continue Reading

Anti-Bribery and Corruption, Compliance March 9, 2011

The Bribery Act and the public sector

The next logical step is for public bodies to require companies to already have in place adequate procedures (in other words, a Bribery Act policy) before they are even allowed to tender for public sector contracts. If no such procedures are in place, it will become the norm to ask: why not, what has that company got to hide?… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law March 7, 2011

Bribery, the London Olympics and extravagant entertainment

In the meantime, the lady selling highly expensive seats at the Olympics to corporates has to try to do her best to navigate the woolly advice being handed out by senior government lawyers… Continue Reading

Compliance March 3, 2011

Howard Industries – Guilty Plea and Record $2.5 Million Fine

Last week, Howard Industries, Inc., a manufacturer of electrical transmission and distribution equipment, pled guilty to conspiracy to violate immigration laws and agreed to pay a record $2.5 million fine. The plea comes approximately 2 1/2 years after an immigration raid on the company’s transformer manufacturing plant in Laurel, Mississippi, when nearly 600 people were arrested. … Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation March 3, 2011

British directors face prosecution under Bribery Act

Unlike your fellow directors, by virtue of your "close connection" with the UK, you might be held personally liable for your organisation's breaches of the new Act.… Continue Reading

Election and Political Law March 1, 2011

A Question of Ethics: May House Members Earn Outside Income?

The House rules impose strict limits on Members’ outside earned income, including limitations on the types of outside jobs Members may hold and the amount of income they may earn from such jobs. Can you afford to run for a seat in Congress? The latest Question of Ethics has answers. Click here to continue reading.… Continue Reading