On 6 August 2019, the UK’s Serious Fraud Office (SFO) released Guidance on what it expects from organisations seeking cooperation credit in the agency’s investigations.
The long-awaited Guidance is a codified and clarified...more
8/9/2019
/ Cooperation ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Evidence ,
New Guidance ,
Serious Fraud Office (SFO) ,
Settlement Negotiations ,
UK ,
White Collar Crimes
Three weeks ago, France, Germany, and the United Kingdom (the “E3”) created INSTEX SAS (Instrument for Supporting Trade Exchanges, INSTEX), an entity designed to enhance business between the EU and Iran and to serve as a core...more
In a bid to keep English law up to date with technological advances, the Crime (Overseas Production Orders) Bill 2018 has passed the committee stage at the House of Lords. The proposed legislation is intended to allow...more
The target of the UK’s first unexplained wealth order (UWO) has been made public after reporting restrictions expired last week. Mrs Zamira Hajiyeva will now be required to provide the National Crime Agency with proof of the...more
Summary -
On September 5, 2018, the English Court of Appeal (the Court) issued its decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006. The much...more
Following the Criminal Finances Act 2017’s entry into force on 31 January 2018, the UK enforcement authorities added a new weapon to their arsenal in their fight against corruption.
The Act introduced a new investigatory...more
In a case brought before it by a professional gambler, on 25 October 2017 the Supreme Court cast the die for the second limb of the test for dishonesty, originally set out in R v. Ghosh [1982], to be overturned....more
In May earlier this year the High Court handed down a judgment which surprised many people. This judgment was that litigation privilege does not necessarily apply to documents and communications produced during the course of...more
The English High Court (the “High Court”) very recently handed down a highly controversial decision in a case between the Serious Fraud Office (SFO) and Eurasian Natural Resources Corporation Ltd (ENRC). The decision could...more
The High Court of Justice of England and Wales (“The High Court”) recently provided a rare insight into the difficulties that companies and individuals may face when challenging the basis of a Serious Fraud Office (“SFO”)...more
The Supreme Court has spoken -
.. On 24 January 2017, the Supreme Court, the UK’s highest court, ruled that Parliament must be consulted before Article 50 is triggered. Article 50 is the provision of the Treaty of the...more
Just over a year after the approval of the first ever Deferred Prosecution Agreement (DPA), Southwark Crown Court on 17 January 2017 approved a DPA proposed by the Serious Fraud Office (SFO) with UK leading engineering group,...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
8/30/2016
/ Airlines ,
Alstom ,
Anti-Corruption ,
Argentina ,
Brazil ,
Bribery ,
China ,
Civil Forfeiture ,
Compliance ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Fiduciary Duty ,
Foreign Corrupt Practices Act (FCPA) ,
Forfeiture ,
Malaysia ,
Mexico ,
Misappropriation ,
Offshore Drilling ,
Section 7 of UKBA ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Singapore ,
Sovereign Wealth Funds ,
Subsidiaries ,
UK
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
7/29/2016
/ Administrative Proceedings ,
Anti-Corruption ,
Brazil ,
Breach of Contract ,
Bribery ,
China ,
Constitutional Challenges ,
Corporate Counsel ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Subsidiaries ,
Guilty Pleas ,
Internet Service Providers (ISPs) ,
Japan ,
McDonnell v US ,
Medical Devices ,
Mexico ,
Non-Prosecution Agreements ,
OECD ,
Pharmaceutical Industry ,
Russia ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
UK ,
Venezuela ,
Yates Memorandum
SBM Offshore N.V. has reached a $340M settlement with both criminal and administrative prosecutors in Brazil to resolve allegations of bribery relating to the Petrobras scandal, the first deal of its kind in Brazil and a...more
7/28/2016
/ Anti-Corruption ,
Brazil ,
Bribery ,
Compliance ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Leniency Documents ,
Petrobras ,
Plea Agreements ,
Settlement
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
6/28/2016
/ Anti-Corruption ,
Brazil ,
Bribery ,
Convictions ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Disgorgement ,
Foreign Corrupt Practices Act (FCPA) ,
IRS ,
Scandals ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Tax Deductions ,
Transparency ,
UK
The case of R v AIL, GH and RH, one of the first the Court of Appeal has considered in 2016, is an interesting one from the perspective of all white-collar crime practitioners. The Court of Appeal had to consider whether it...more
6/15/2016
/ Appeals ,
Bribery ,
Corruption ,
Criminal Prosecution ,
Foreign Official ,
Human Rights ,
Principal-Agent Issues ,
Public Officials ,
Serious Fraud Office (SFO) ,
UK ,
White Collar Crimes
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
5/12/2016
/ Anti-Corruption ,
Bribery ,
Canada ,
Casinos ,
China ,
Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Foreign Corrupt Practices Act (FCPA) ,
Kickbacks ,
Panama Papers ,
Real Estate Investments ,
Securities Fraud ,
Self-Reporting ,
UK ,
UK Bribery Act ,
US v Yates ,
Venezuela ,
Young Lawyers
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
4/25/2016
/ Anti-Corruption ,
China ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
Popular ,
Securities and Exchange Commission (SEC) ,
UK ,
Young Lawyers
After its guilty plea to an offence under the UK Bribery Act, Sweett Group PLC was sentenced on February 19, 2016 at Southwark Crown Court, and ordered to pay a total £2.25 million penalty for the offence. The international...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary...more
2/19/2016
/ Anti-Corruption ,
Bribery ,
Compliance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Governor McDonnell ,
Kickbacks ,
Money Laundering ,
OECD ,
Petrobras ,
Qualcomm ,
SCOTUS ,
Serious Fraud Office (SFO) ,
Spain ,
Transparency
In late 2015, Theresa May, the UK Home Secretary introduced the Investigatory Powers Bill (the “Bill”). Mrs May stated that the Bill was introduced to ensure that surveillance laws are “modern, fit for purpose and can...more
The announcement by the International Atomic Energy Agency on January 16, 2016, that the Government of Iran has satisfied its commitments under the Joint Comprehensive Plan of Action (“JCPOA”), has triggered “Implementation...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary...more
1/15/2016
/ Anti-Corruption ,
Brazil ,
Bribery ,
China ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Panama ,
Petrobras ,
Serious Fraud Office (SFO) ,
UK ,
Venezuela
At a hearing on November 30, 2015, Southwark Crown Court approved the first deferred prosecution agreement (DPA) in the UK. DPAs have been available for use by the Serious Fraud Office (SFO) since February 2014, following...more