Tag Archives: “section 7”

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, 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, 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, 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, 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, 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, Compliance November 22, 2011

Alstom fined by Swiss prosecutor for corruption offences

The Swiss Federal Prosecutor has fined Alstom Network Schweiz AG SFr 2.5 million and ordered it to pay SFr 36.4 million in compensation… Continue Reading

Enforcement and Prosecution Policy and Trends November 18, 2011

Patel jailed for six years

Munir Yakub Patel, a court clerk, who accepted £500 for fixing a motoring offence was today sentenced to serve three years in prison for bribery offences and six years for misconduct in a public office, with the sentences to run concurrently.… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law August 10, 2011

GIFTS AND HOSPITALITY and the BRIBERY ACT

The Government has made it clear that there is no intention in this legislation to criminalise corporate hospitality or other expenditure which is reasonable and proportionate. It is accepted that this is a recognised and established part of doing business.… 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 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

Anti-Bribery and Corruption, Compliance March 16, 2011

Newsflash: UK listed companies with no presence in the UK may escape the Bribery Act

The Guardian newspaper reported on 15th March that the Bribery Act guidance being drafted by government lawyers should exclude foreign companies… Continue Reading

Anti-Bribery and Corruption, Compliance March 9, 2011

The Bribery Act and the public sector

The next logical step is for public bodies to require companies to already have in place adequate procedures (in other words, a Bribery Act policy) before they are even allowed to tender for public sector contracts. If no such procedures are in place, it will become the norm to ask: why not, what has that company got to hide?… Continue Reading

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