Subject to Inquiry

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Tag Archives: “Securities Exchange Commission”

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

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

SEC Comments Bring Commercial Bribery Clearly into FCPA Scope

While the potential reach of the UKBA has begun to broaden perceptions of what is necessary to ensure an anticorruption compliance program is appropriately inclusive and robust, recent comments by one senior U.S. Securities and Exchange Commission (SEC) official should remind us that the FCPA's accounting provisions may serve as a vehicle for penalizing companies for acts of commercial bribery if they result in maintenance of inaccurate books and records or otherwise undermine a company's system of internal controls.… Continue Reading
Anti-Bribery and Corruption, Compliance, Election and Political Law, Enforcement and Prosecution Policy and Trends

Weatherford’s “loose controls and anaemic compliance” leads to $253 million bribery and sanctions penalties

This is a salutary tale for any companies, wherever they are situated in the world, which still think that their illegal activities will never be discovered. Usually it is only a question of time, and the penalties can be huge, as well as the impact on the business in sorting it all out.… Continue Reading
Anti-Bribery and Corruption

EU takes first step towards a European version of the FCPA

The EU has in a series of votes agreed a draft anti-corruption law to make it illegal for oil, gas and mining companies to give illicit payments to officials in resource-rich nations that lack strong governance...One of the objectives is to help foreign nationals track more easily what happens to monies paid to their own foreign governments, so that they can hold the government ministers accountable for these monies… Continue Reading
Anti-Bribery and Corruption

RICO suit being pursued in the US, relating to the charges brought against Victor Dahdaleh by the Serious Fraud Office

The RICO suit....reinforces our view that...when defendants become involved in allegations of corruption they may have to face multiple sets of criminal proceedings around the world as well as civil suits and the threat of public procurement debarment in the United States and the European Union. Winning contracts by illegal means can lead to the perfect legal storm.… Continue Reading
Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims

US Securities and Exchange Commission Annual Report on the Dodd-Frank Whistleblower Program 2011

We, at the BriberyLibary, follow this new program with great interest as we are of the view that financial incentives and compensation designed to encourage people with knowledge and evidence to come forward to blow the whistle on corporate corruption (and other legal wrongs) should be seriously considered in the UK without delay… Continue Reading

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