Tag Archives: deferred prosecution agreement

Anti-Bribery and Corruption, Compliance March 7, 2016

Sharper Teeth for Sanctions Enforcement

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

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims, Securities and Commodities March 26, 2015

Biomet FCPA Announcement Highlights Distributor-Related Risks

Last week, Biomet Inc. announced in a filing with the U.S. Securities and Exchange Commission (SEC) that instead of its 2012 deferred prosecution agreement with the U.S. Department of Justice (DOJ) regarding violations of the U.S. Foreign Corrupt Practices Act (FCPA) expiring this week, the company would be monitored under it for an additional year.… 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, 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, Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims March 3, 2014

Corporate Sentencing

With DPAs being introduced in the UK this week there is clearly every prospect that the trend towards bringing corporate offenders to book will continue, as it has done in the United States. It remains to be seen whether this will improve the ethical conduct of major UK businesses.… Continue Reading

Anti-Bribery and Corruption January 7, 2014

DPAs, NPAs and the Hybrid Corporate Monitor

In two recent FCPA-related settlements in the medical devices industry in February and March 2013, and in the manufacturing industry in October 2013, DOJ adopted a "hybrid" approach to monitoring. The DPAs entered in each settlement imposed a compliance monitorship whereby the company must retain an independent monitor for an 18-month period and then self-monitor and report its compliance with the agreement for the remaining 18 months of the DPA.… Continue Reading

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

TOTAL – the first joint US/French corruption prosecution

The TOTAL DPA can therefore be viewed as a case study for general counsel and compliance counsel around the world who may be susceptible to the UK's Bribery Act 2010, but who have no such risks in, or experience of, US anticorruption enforcement… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends July 8, 2013

DEFERRED PROSECUTION AGREEMENTS PROSECUTION GUIDANCE

Crime and Courts Act 2013. The Schedule contains a requirement that the DPP and the Director of the SFO jointly issue a Code giving guidance for prosecutors on a number of matters, including the general principles to be applied in determining whether a DPA is likely to be appropriate in a given case.… 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 May 1, 2013

Deferred Prosecution Agreements: Crime and Courts Act 2013

A Parliamentary Bill which, amongst other things, makes provision to introduce Deferred Prosecution Agreements into the UK received the Royal Assent last week. The subject of Deferred Prosecution Agreements ("DPAs") is covered in section 45 and Schedule 17 of the Crime and Courts Act 2013. The salient provisions contained in the Schedule are as follows:… 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, Compliance, Enforcement and Prosecution Policy and Trends November 26, 2012

The DOJ’s Guiding Principles of Enforcement

The clear articulation of these matters in the Resource Guide provides a useful template for use by those corporates which might be exposed to the UK Bribery Act.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends June 26, 2012

New Director plans changes at the Serious Fraud Office

A few days ago the new Director of the Serious Fraud Office, David Green QC, used his first public speech at a corporate accountability conference in London organised by the accountancy firm PwC to set out his plans to reconfigure the UK's leading prosecution agency for serious economic crime.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends March 19, 2012

Deferred prosecution agreements to be introduced as a bill in the next parliament

In our view, the Solicitor General's confirmation that DPAs would be introduced into UK law is a very positive step forward in the enforcement of complex international crime. Although the road to its introduction may be bumpy, it is clear that he is very determined that it should happen and he is working with the judiciary to ensure that it is a success.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends March 13, 2012

All Party Parliamentary Group on Anti-Corruption – A “state of the art” review by the Director of the SFO of anti-corruption enforcement in the UK

Mr Alderman's speech is, overall, very encouraging in that he believes that we in Britain often underestimate the way the rest of the world views the way in which the UK is tackling corruption… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends February 6, 2012

‘Deterring and Punishing Corporate Bribery’ Through DPAs

First, TI-UK is of the view that US-style DPAs are potentially problematic because they lack adequate transparency and judicial oversight. Second, in spite of these perceived shortcomings, TI-UK concludes US-style DPAs are nevertheless an efficient and effective means of resolving overseas bribery cases.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends January 30, 2012

Transparency International UK “Deterring and Punishing Corporate Bribery” new publication

TI states that the report intends to provoke discussion and to make recommendations to the UK government and prosecuting authorities that will "help to ensure just, fair and transparent outcomes".… Continue Reading

Enforcement and Prosecution Policy and Trends October 20, 2011

Deferred Prosecution Agreements in the UK – difficult questions need answers first

However, there are a number of tricky issues that need to be resolved before the use of deferred prosecution agreements can be adopted in the UK.… Continue Reading

Enforcement and Prosecution Policy and Trends September 2, 2011

Identifying and Resolving Fraud and Corruption Cases in the US and the UK: PART IV (Deferred and Non-Prosecution Agreements)

In order to entice corporates to voluntarily disclose instances of fraud and corruption, meaningfully cooperate with government investigations, and/or undertake remedial measures, the US Department of Justice and Securities and Exchange Commission will, in appropriate circumstances, enter into Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs) with corporations.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends May 24, 2011

SEC Enters into its First-Ever Deferred Prosecution Agreement

On May 17, 2011, the SEC announced that it has entered into its first-ever Deferred Prosecution Agreement ("DPA"). The agreement brings to light a significant resolution option that may be on the table for companies that discover potential violations of federal securities laws during internal investigations or are already the subject of an SEC investigation or enforcement action.… Continue Reading

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS