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
Indeed several we at the Bribery Library have spoken to over the past year have no anti-corruption controls in place at all, which is perhaps surprising when you realise that they are entities with turnovers of $billions… Continue Reading
once you are being investigated by prosecutors you need to be prepared for a very long haul (possibly several years), high legal costs and a great deal of management time will be incurred, not to mention the media interest and damaging headlines… Continue Reading
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
Picture an all too common scenario: An importer of fresh produce learns that a shipment has been held up at customs abroad. Although there is no legitimate reason for delay, the foreign port authorities insist upon carrying out unspecified administrative checks and searches that "could take weeks". In the meantime, the cargo sits on the dockside baking in the hot sun. It is likely to perish in days. If the shipment is not made on time, a valuable client will be lost. A representative of the port authorities explains that for "small fee", the formalities can be waived and the cargo approved. Does paying this fee constitute a bribe?… Continue Reading
Although there have been many hundreds of prosecutions under the FCPA, particularly over the past 10 years or so, this was, we are told, the first such case against a company which had made it all the way to a jury trial.… Continue Reading
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