Subject to Inquiry

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Tag Archives: guidance

Financial Institution Regulation

FINRA Issues New Guidance Regarding Customer Communications Relating to Departing Registered Representatives

As recognized by new guidance from the Financial Industry Regulatory Authority (FINRA), the departure of a registered representative often prompts customer questions about the departing representative and the continued servicing of a customer’s account. In light of the continued frequency of movement of registered representatives from, or among, member firms, FINRA issued guidance on April… Continue Reading
Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends

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

British Bankers’ Association guidance on the Bribery Act

The British Bankers' Association (BBA) has published its own guidance for the banking sector as to how to comply with the Bribery Act 2010. This guidance (entitled "Guidance on compliance: Practical implementation issues for the banking sector") is intended to cover both the requirements of the Act and Financial Services Authority (FSA) regulatory obligations and supplements, rather than replaces, the Ministry of Justice's (MOJ) existing Guidance and that from financial services regulators and prosecutors.… Continue Reading
Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends

Identifying and Resolving Fraud and Corruption Cases in the US and the UK: PART III (Rewards for Whistleblowers)

In our last blog, we addressed the importance - and benefits - of voluntarily disclosing instances of fraud or corruption to appropriate US and/or UK regulators. Of course, corporates do not always have the opportunity to identify and voluntarily disclose instances of fraud or corruption before an enterprising insider blows the whistle on some potential violation.… Continue Reading
Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends

Identifying and Resolving Fraud and Corruption Cases in the US and the UK: PART II (Self Reporting )

The SEC and DOJ have long encouraged corporates to voluntarily disclose possible violations of the law. And both the SEC and DOJ offer lesser sanctions - even amnesty in certain cases - for corporates that timely self report suspected violations. Both the DOJ and the SEC stress that the key to receiving credit for self reporting is promptness. Corporates are expected to timely report potential violations identified through internal reporting or compliance programs or an internal investigation.… Continue Reading
Anti-Bribery and Corruption, Compliance

Payments made under duress: bribery or extortion?

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
Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends

The Guidance: Potential liability of parties involved in joint ventures

In specifically addressing the potential liability of companies which are party to joint ventures in the way that it has, and identifying the actions such parties should take to enable them to rely on the "adequate procedures" defence, the Guidance appears to have severely restricted the basis upon which the SFO can seek to bring a prosecution against a company which has 'wilfully shut its eyes' to the corrupt activities of its joint venture partner. Is this a further example of the corporate offence being watered down under the guise of providing further clarity?… Continue Reading
Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends

Is compliance with the Guidance also compliance with the Bribery Act?

Compliance with the Guidance will take companies a long way towards compliance with the Act, it will not be a complete defence in circumstances where the SFO has taken the decision to prosecute. Consequently, whenever it is eventually published, the Guidance will need to be treated with caution by companies seeking to comply with the Bribery Act.… Continue Reading

We use cookies to enhance your experience of our website. By continuing to use this website, you agree to the use of these cookies. For more information and to learn how you can change your cookie settings, please see our policy.

Agree