Subject to Inquiry

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Andrew Thornton-Dibb

Photo of Andrew Thornton-Dibb Andrew advises clients on contentious multi-jurisdictional regulatory issues, including regulatory investigations and prosecutions, the U.K. Bribery Act and other white collar crime matters involving global fraud and corruption.

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Ericsson Pleads Guilty, Agrees to Pay $206M in Fines, Following Alleged Violation of FCPA Deferred Prosecution Agreement

By Benjamin A. O'Neil, V. Kathleen Dougherty, Andrew Thornton-Dibb, Jessie Dawe and Elissa Baur on Anti-Bribery and Corruption
Last week, the U.S. Department of Justice (DOJ) announced that Sweden-based multinational telecommunications company Telefonaktiebolaget LM Ericsson (Ericsson) will plead guilty to breaching the Foreign Corrupt Practices Act (FCPA) and has agreed to pay over $206 million in related penalties following its alleged breach of a 2019 Deferred Prosecution Agreement (DPA) with the Department.… Continue Reading

Cross-Border Enforcement and Trends — 2022 Year in Review

By Benjamin A. O'Neil, V. Kathleen Dougherty, Andrew Thornton-Dibb, Elissa Baur, Abigail Urquhart, Elizabeth F. Tyler, Kaiwon Tresvant, Clare E. Reardon, Catherine Rosenberg, Katherine Cienkus, Jessie Dawe and Alex Scandroli on Anti-Bribery and Corruption, Sanctions, Trade Embargo, and Export Controls
Key developments in U.S. cross-border enforcement were driven by the year’s most newsworthy developments, from Russia’s invasion of Ukraine and the battery of sanctions that swiftly followed, to the collapse of the cryptocurrency market. For details, download this inaugural review, which focuses on anti-money laundering, as this issue continued its rise up the enforcement and… Continue Reading

New Incentives Added to the Criminal Division’s Corporate Enforcement Policy

By Benjamin A. O'Neil, Brandon M. Santos, Casey Erin Lucier and Andrew Thornton-Dibb on Enforcement and Prosecution Policy and Trends
UPDATE: U.S. Attorneys’ Offices Adopt Policy Incentivizing Self-Disclosure of Corporate Misconduct (Feb. 27, 2023) On January 17, 2023, Assistant Attorney General (AAG) Kenneth A. Polite, Jr. delivered remarks to an audience at the Georgetown University Law Center, announcing changes to the Criminal Division’s Corporate Enforcement Policy (CEP). These changes to the CEP follow the September… Continue Reading

Brazilian Airline to Pay Millions in Coordinated Foreign Bribery Resolution

By Benjamin A. O'Neil, Alex J. Brackett and Andrew Thornton-Dibb on Anti-Bribery and Corruption
On September 15, 2022, GOL Linhas Aéreas Inteligentes S.A. (GOL), Brazil’s second largest domestic airline, resolved long-running parallel investigations by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). The São Paulo-based company, whose shares are traded on the New York Stock Exchange, consented to a cease-and-desist order with the SEC… Continue Reading

UK set to shake up Corruption and Money Laundering Enforcement

By Andrew Thornton-Dibb on Anti-Bribery and Corruption, Anti-Money Laundering, Compliance, Enforcement and Prosecution Policy and Trends
The UK Government introduced the Criminal Finances Bill to Parliament today (13 October 2016), which will now start its passage through the parliamentary approval process before becoming law. The Government hopes that the Bill “will significantly improve the government’s ability to tackle money laundering and corruption, recover the proceeds of crime, and counter terrorist financing”, and… Continue Reading

The Anti-Corruption Summit – UK plans for further corporate criminal offences, and a host of other proposals

By Andrew Thornton-Dibb on Anti-Bribery and Corruption, Anti-Money Laundering, Compliance
The UK’s Prime Minster David Cameron has just hosted the  “Anti-Corruption Summit”, a first of its kind, bringing together world leaders, business, and civil society with the goal of seeking to agree on a package of steps to: Expose corruption so there is nowhere to hide Punish the perpetrator and support those affected by corruption Drive… Continue Reading

The SFO’s “ongoing” investigation into Alstom – Further Charges

By Andrew Thornton-Dibb on Anti-Bribery and Corruption
We originally wrote in 2014 about charges that had been brought in September of that year by the UK’s Serious Fraud Office against the French Multinational’s UK subsidiary, Alstom Network UK Ltd, and two former employees and British nationals for corruption offences (under pre-Bribery Act era legislation) relating to transport projects in India, Poland, and Tunisia.… Continue Reading

SHARPER TEETH FOR SANCTIONS ENFORCEMENT?

By Andrew Thornton-Dibb on Anti-Bribery and Corruption, Compliance
The current UK sanctions enforcement regime is a complicated web reflecting the requirements of UN Security Council Regulations, EU Regulations, and UK Primary and Secondary Legislation.  Penalties for breaches of sanctions are generally set out in the various statutory instruments that implement particular sanctions. The UK Government, through the Policing and Crime Bill that is… Continue Reading

The SFO’s ‘Seize and Sift’ Procedure

By Andrew Thornton-Dibb on Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims
R (on the application of Colin McKenzie) v Director of the Serious Fraud Office saw an unsuccessful attempt to judicially review the SFO’s currently in-use procedure for dealing with material that it has seized, and which may contain content subject to legal professional privilege (“LPP”). This ‘procedure’, set out in the SFO’s Operational Handbook, provides… Continue Reading

The Serious Fraud Office bribery charges against Alstom

By Andrew Thornton-Dibb on Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends
“From this autumn, we will start to see cases adopted by us, under our recalibrated focus on top tier work, coming to trial…we have much in the pipeline.”  David Green CB QC, Director of the SFO, addressing the Cambridge Symposium on Economic Crime on 2 September 2014 One such case is the SFO’s bribery case,… Continue Reading

UK Government’s Response to the Department for Business, Innovation and Skills “Whistleblowing Framework: Call For Evidence”

By Andrew Thornton-Dibb on Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims
Crucially businesses should be confident that reprisals against whistle-blowers are not an issue for them, and that their organisation understands and trusts any whistleblowing policy and procedure they have in place. Deficiencies in these areas may very well lead to a Regulator challenging the overall effectiveness and adequacy of an organisations compliance programme.… Continue Reading

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