Tag Archives: “Bribery Act”

Anti-Bribery and Corruption, Anti-Money Laundering, Compliance May 12, 2016

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

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

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation August 21, 2014

The Long Arm of British Anti-Corruption Laws and the impact on individual defendants

The inference to be made from this court order is that the crime of corruption really doesn't pay, especially for board level directors, and that individuals who get involved in (or permit existing arrangements to continue unabated) international corruption are at risk of being prosecuted in one or more jurisdictions around the world and are liable to lengthy terms of imprisonment as well as very substantial penalties and orders for disgorgement of payments… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims July 22, 2014

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

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

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims July 21, 2014

The Serious Fraud Office Reports…

It is simply to emphasise that complex City fraud needs the kind of unified approach, expertise and special tools that Roskill advocated and that the SFO has developed.… Continue Reading

Anti-Bribery and Corruption, Anti-Money Laundering, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims June 13, 2014

Ken Clarke reviews the law enforcement response to City scandals

There is also a pivotal issue that needs to be urgently reviewed: is the jury system properly configured to cope with the prosecution of serious and complex fraud?… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims May 20, 2014

British Bankers Association Updated Anti-Bribery and Corruption Guidance May 2014

All in all, we at the BriberyLibrary consider that the BBA's guidance is thorough, commendable, and has some great practical tips… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends March 25, 2014

Excoriating the SFO

It is, of course, possible, likely even, that none of these cases will reach trial before David Green's tenure as Director is up, but I believe that he has adopted the right course, and that with a fair wind (and perhaps a little support from the government and the press) he will succeed.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims March 20, 2014

Ethical Business Conduct: An Enforcement Perspective

We at the BriberyLibrary concur with the Director's reasoning in favour of self-reporting. When you consider all the risks of the alternative, in 99% of cases, it must be the right decision for the corporate… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends February 5, 2014

Director of the Serious Fraud Office seeks wider powers to pursue corporate crime under the Bribery Act

The Director's intention, as explained in the Daily Telegraph article, is that the Section 7 "failure to prevent bribery" offence, could easily be expanded in its breadth to include a failure to prevent all acts of financial crime.… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law, Enforcement and Prosecution Policy and Trends December 9, 2013

China “favours” investigation demonstrates other types of corruption

the very fact that the investigation is underway shows that the US government is looking at corruption much more broadly and in forms which include benefits other than a direct pecuniary benefit or physical gift.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends November 19, 2013

Victor Dahdaleh on Trial for “Large Scale” Corruption

What the case does show, however, whatever the outcome, is that the SFO has both the willingness and the means to prosecute very wealthy and powerful defendants, and in circumstances where there are international political interests at stake.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation October 11, 2013

Anticorruption compliance is more than adopting a policy

When the prosecutors come knocking on the door with a search warrant, one of the first things they will look for is evidence as to whether the company adhered to and fulfilled the six principles of adequate procedures. If one or more of those six steps is missing, the company may have no defence to a prosecution… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends August 20, 2013

First case brought by Serious Fraud Office under the Bribery Act against individuals connected with Sustainable AgroEnergy plc

three of the aforementioned defendants are about to make history, as defendants to the first SFO prosecution under the Bribery Act.… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law July 9, 2013

Transparency International’s new global corruption survey

we really must clean up our own corruption if we are going to have real prospects of persuading others to do what we do, and not just what we say… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims June 28, 2013

Director of the SFO and Director of Public Prosecutions publish joint draft Code of Practice for Deferred Prosecution Agreements

Notably, one reason suggested in the draft Code for the prosecution not entering into a DPA would be where a company had delayed in bringing the illegal conduct to the attention of the prosecuting authority… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims June 21, 2013

The Director of the Serious Fraud Office Speaks Out

He supports the idea that the principle of corporate responsibility embodied in section 7 of the UK Bribery Act should be extended to cover cases where theft or fraud had been committed by a company's employees or agents… 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, Enforcement and Prosecution Policy and Trends January 23, 2013

The SFO reinforces its stance on Facilitation Payments Enforcement

This would appear to be a clear message, both to commercial organisations and to the OECD, that the SFO regards facilitation payments as being an important item on its current agenda.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends January 21, 2013

Serious Fraud Office reports an increase in companies self-reporting

The fact that there were only twelve companies self-reporting to the SFO in the year ending 31 March 2012, however, is still in our view pitifully low… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims January 18, 2013

A Review of the Year in Corruption – And the Transparency International 2012 Public Perceptions Index

In December 2012, TI published its annual Corruption Perceptions Index.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends November 28, 2012

FCPA Resource Guide: What jurisdictional conduct triggers the anti-bribery provisions?

There are some anti-corruption practitioners (including those blogging at the BriberyLibrary), however, who believe that the courts, when these issues are put before it in the future, may take a different view to the government's Guidance… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends November 23, 2012

New FCPA Guidance – civil settlements and opinion procedures – what can the UK learn from the US?

Our proposal at the Bribery Library is that the US DOJ opinion procedure should be adopted in a similar way in the UK.… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law, Enforcement and Prosecution Policy and Trends October 9, 2012

New SFO guidance on self-reporting, business expenditure and facilitation payments

Self-reporting is no guarantee that a prosecution will not follow. Each case will turn on its own facts… Continue Reading

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