Tag Archives: “adequate procedures”

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation March 31, 2014

Besso Limited fined by the FCA for anti-bribery systems failings

The Besso case reflects our own experience that there are still many small and medium sized companies who have still not taken, four years after the Bribery Act was enacted, the far-reaching provisions of the Bribery Act sufficiently seriously.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims October 31, 2013

International Business Attitudes to Corruption – Survey 2013

Based on these statistics, it seems fairly likely that some companies will learn the hard way about the benefits of putting in place a proper compliance program for anti-corruption risks when they are later investigated and prosecuted… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends May 30, 2013

British Government to consider permitting facilitation payments for SMEs

There is bound to be a lot of controversy if the Government does indeed decide to amend the Bribery Act.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation March 19, 2013

The push and pull between the terms of the Bribery Act and the demands on British business abroad

In our opinion, there really is no alternative for British business other than putting in place a robust compliance programme so that the company is best protected against rogue employees or others associated with the company… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends April 2, 2012

IMPORTANT REPORT ON UK IMPLEMENTATION OF THE OECD ANTI-BRIBERY CONVENTION

The OECD have published a detailed Report on the evaluations and recommendations of a Working Group on the UK's implementation and enforcement of the OECD Anti-Bribery Convention. The Report provides a valuable critique of the Bribery Act 2010 and on the UK's recent record on enforcement of existing corruption laws.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims March 16, 2012

BP receives whistleblower letter alleging corruption in its tanker division

The SFO has repeatedly said that it has been looking for a large, high profile international company to pursue in order to send a message around the world that it is serious about its enforcement under the Bribery Act. Could this be one of those cases?… Continue Reading

Anti-Bribery and Corruption December 22, 2011

FCPA Enforcement Measures

In a recent article for the ABA Journal 'Litigation', Susan Hansen argues that prosecutors are wielding the Foreign Corrupt Practices Act more actively, but not always successfully, while business interests are calling for changes in the law.… Continue Reading

Anti-Bribery and Corruption, Compliance July 7, 2011

Charities and the Bribery Act – The distribution of aid using facilitation payments – will they be prosecuted?

A few days ago I was speaking at a conference on the Bribery Act and someone asked me how the Act applies to the small payments that his charity had to make in order to get the aid which the charity is distributing across a war torn country actually delivered to the people in need.… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law July 6, 2011

“Is my FCPA compliance good enough for the Bribery Act?”

We are often told, particularly by American clients, that their organisation is already FCPA compliant, "so isn't that enough for the Bribery Act?....what more do we need to do, if anything?".… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law April 4, 2011

The new Bribery Act Guidance – on hospitality: mixed messages from the British Government

We had a nice long wait for the Government's guidance but I, for one, feel that the wait wasn't really worthwhile. The Act itself is really a gold plated effort by parliament to bring our bribery laws into the 21st century, but the Guidance falls far short of the standard set by the 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

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