Subject to Inquiry

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Tag Archives: “Serious Fraud Office”

Enforcement and Prosecution Policy and Trends

Serious Fraud Office targets private equity firms

One industry which faces potentially onerous obligations under the Bribery Act 2010 about which there has been little official comment is private equity. That position changed last week. In a speech to private equity clients of the law firm Debevoise & Plimpton LLP, Richard Alderman, the Director of the Serious Fraud Office, made it clear that the Act applied as much to private equity firms as any other.… Continue Reading
Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends

Facilitation payments: SFO creates its own guidelines

For those organisations that are doing their best to avoid making facilitation payments, but are finding it difficult to stop making them altogether, this insight into the SFO's thinking will offer some limited breathing room. However, the clear message from these six points is that the SFO will be expecting to see a positive approach by organisations towards the goal of eradicating such payments from their operations.… 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
Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation

Mabey & Johnson: three executives sentenced to imprisonment

Will more executives be joining Messrs Forsyth and Mabey to be held at Her Majesty's pleasure once the Bribery Act comes into force? The new Section 14 offence of consenting to or conniving in an offence by the company will make prosecution of senior executives much more straightforward for the SFO.… Continue Reading

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