News & Analysis as of September 22, 2024

White Collar Crimes

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The UK Bribery Act is an act of the Parliament of the United Kingdom enacted in 2010 to prevent, combat and penalize acts of bribery. The Bribery Act creates four offenses: 1) bribing another person 2) being bribed 3) bribing a foreign official 4) failure of a corporation to prevent bribery on its behalf. The Act provides for very stringent penalties and is considered one of the toughest pieces of anti-bribery legislation in the world. less -

Bribes and Kickbacks Don’t Happen in My Organization – I think?

Polsinelli on 10/3/2022

The U.S. Foreign Corrupt Practices Act (FCPA) and the U.K. Bribery Act 2010, along with dozens of trade treaties and conventions, forbid consummated (and attempted) improper or unethical payments to government officials or...more

Anti-Corruption Enforcement - 2021 Year in Review

Jenner & Block on 1/19/2022

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we...more

Woefully inadequate anti-bribery measures lead to deferred prosecution agreement for aircraft refurbishment company

A&O Shearman on 11/10/2020

The SFO has concluded a deferred prosecution agreement with Airline Services Limited (ASL), a UK supplier of aircraft cabin parts and services, for failure to prevent bribery under s7 Bribery Act 2010. Despite the company...more

Impact of COVID-19 on White Collar Enforcement

Skadden, Arps, Slate, Meagher & Flom LLP on 3/31/2020

While enforcement agencies have yet to indicate that they intend to put their pens down in response to COVID-19, there is anecdotal evidence that some agencies have slowed their investigations as remote working impacts matter...more

Global Voices: Beating Bribery – Best Practice in Ethics and Conduct on the Global Stage

Mitratech Holdings, Inc on 7/11/2019

One of the biggest headaches for companies conducting business overseas still remains bribery and corruption. The grey area of what is deemed a fair gift, meal or payment against what might be constituted a bribe is a...more

Anti-Corruption Enforcement: Analyzing the Enforcement Approaches of the US, the UK and France

BCLP on 4/19/2018

Anti-Corruption enforcement is a top priority in France, the UK, and the US. Each of these countries has armed its enforcers with the enforcement tools necessary to investigate and prosecute corporations and individuals. Join...more

Europe Insights

Skadden, Arps, Slate, Meagher & Flom LLP on 1/26/2018

Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more

Thaler Wins the Nobel Prize and Informs Compliance Programs

Thomas Fox - Compliance Evangelist on 10/10/2017

Richard H. Thaler won the Nobel Prize in Economics yesterday. Binyamin Appelbaum, reporting in a New York Times (NYT) a piece entitled, “Nobel in Economics Is Awarded to Richard Thaler”, wrote that “Thaler, whose work has...more

Serious Fraud Office Makes Big Splash with UK Bribery Act Resolution with Rolls Royce

The Volkov Law Group on 2/1/2017

After years of fits and starts, and promises and disappointments, the Serious Fraud Office and the UK Bribery Act made its initial splash on the anti-corruption enforcement landscape. Since 2011, companies have been...more

Rolls-Royce Global Enforcement Action: Part IV – What Does it all Mean?

Thomas Fox - Compliance Evangelist on 1/23/2017

Today I conclude my series on the Rolls-Royce global anti-corruption enforcement action by taking a look what it all means going forward. The resolution is more than simply the stunning fines and penalties of £671 million...more

New Sheriff In Town As Rolls-Royce Pays Record Penalty For Foreign Bribery And Corruption

Cadwalader, Wickersham & Taft LLP on 1/23/2017

On 17 January 2017, the UK Serious Fraud Office (“SFO”),[1] the US Department of Justice (“DOJ”),[2] and the Brazilian Ministério Público Federal (“MPF”) announced an $800 million global settlement with Rolls-Royce plc and...more

Compliance Isn’t Going Away (and neither should you) – Part I

Thomas Fox - Compliance Evangelist on 11/15/2016

Yesterday I presented my views on why I believe that Foreign Corrupt Practices Act (FCPA) enforcement will continue under the new administration. Today, I want to begin a multi-part series (sorry I don’t know how long it will...more

Cooperation, Leniency, Internal Investigations, Self-Incrimination, Privilege and All That Jazz

McGuireWoods LLP on 11/24/2015

I recently attended a Fraud Conference in Miami where I heard a French lawyer insisting that since he was a defence advocate, his job was to defend his clients against fraud allegations, not to prosecute them. Instead of...more

Homeland, Brazilian Clean Companies Act Guidance and the Need for Accurate Translations in FCPA Compliance

Thomas Fox - Compliance Evangelist on 11/2/2015

He used to work in the movie business so you might think the production crew of the Showtime series Homeland would just give him a call. After all he is fast becoming known as ‘the translations guy’ in the Foreign Corrupt...more

Layla and Other Love Songs and Risk Assessments

Thomas Fox - Compliance Evangelist on 10/29/2015

On this date in October 1971, Duane Allman died. He was the co-founder, along with his brother Greg, of the Allman Brothers Band. For my money he was one of the greatest guitarists of all time. At the time of his death, the...more

Foreign Corrupt Practices Act 2015 Update

BakerHostetler on 10/14/2015

Despite a decline in enforcement actions by the Securities Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the first half of 2015 has continued to highlight the relevance and ever-evolving effects of the...more

Archie Bunker, Batgirl and the International Fight Against Corruption

Thomas Fox - Compliance Evangelist on 8/21/2015

This week saw the death of two notables from the television industry, Bud Yorkin and Yvonne Craig. According to his Obituary in the New York Times (NYT), Yorkin rose up the television industry ranks to eventually team with...more

Economic Downturn Week, Part I – Mapping of Your Internal Compliance Controls

Thomas Fox - Compliance Evangelist on 5/26/2015

This week I will present a series on steps that you can take in your compliance program if you find yourself, your company or your industry in an economic downturn. All of the recommendations I will make are ideas that have...more

New Anti-Corruption Law to Take Effect in Brazil

Baker Donelson on 2/4/2014

With the continued ongoing work to exploit the discoveries in the Lula (Tupi) field and the recently announced 2013 subsalt strike in the Campos and Santos basins off Brazil's southern coast, oil and gas exploration and...more

Thematic Review by FCA of Asset Managers in the UK

Dechert LLP on 11/1/2013

The Financial Conduct Authority has now completed its thematic review of Anti-Money Laundering and Anti-Bribery and Corruption Systems and Controls: Asset Management and Platform Firms (TR13/9). The review of 22 wealth and...more

The Harvest Moon Will Shine A Light On Compliance

Thomas Fox - Compliance Evangelist on 9/6/2013

The Harvest Moon is generally considered to be the full moon closest to the Autumn Equinox; the day in the fall when night and day are most equal in length. In folklore, the Harvest Moon was a symbol of fruitfulness allowing...more

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