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French prosecutors reach first ever DPAs settling bribery charges

by White & Case LLP on

In February 2018, the first Conventions Judiciaire d'Intérêt Public ("CJIPs") – or French Deferred Prosecution Agreements ("DPAs") – were entered into for corruption charges between the Public Prosecutor's Office of Nanterre...more

Lauri Love: The Forum Bar Shows Its Mettle

by WilmerHale on

On 5 February 2017, the UK High Court issued judgment in the case of Love v USA [2018] EWHC 172 (Admin) (“the Judgment”). This was an appeal against the decision at Westminster Magistrates’ Court on 16 September 2016....more

Weekly Roundup - March 2018 #2

..Reza Olangian, the dual U.S.-Iran citizen arrested in Estonia in 2012 for trying to arrange the purchase of surface-to-air missiles with an undercover DEA agent, was sentenced to 25 years in prison...more

FCPA Self-Disclosure-Based Leniency for all Corporate Cases of Misconduct?

by NAVEX Global on

Ethics and compliance officers, take note of the Justice Department’s newest statement about its new FCPA Corporate Enforcement Policy: it wants to drop the “FCPA” bit....more

How Can We Spark Difficult Compliance Discussions?

In this six minute interview with Susan Côté-Freeman, Senior Network Manager, The Conference Board of Canada, we exchange perspectives on how business and compliance leadership can spark uncomfortable conversations among...more

SEC Settles FCPA Books and Records and Internal Controls Action

by Dorsey & Whitney LLP on

The SEC moved past virtual currencies for the moment, returning to a long established staple – the Foreign Corrupt Practices Act. The Commission filed a settled books and records action involving an Israeli based firm whose...more

DOJ Criminal Division Announces Major Change in Corporate Enforcement Policy

by Vedder Price on

On March 1, 2018, the Criminal Division of the U.S. Department of Justice (“DOJ”) announced that it has expanded the scope of cases in which it will consider issuing a formal declination of criminal charges for a company that...more

UK Jury Verdict Clarifies “Adequate Procedures” Under UK Bribery Act

In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more

Toward e-justice with the transformation of the French legal system?

by White & Case LLP on

On March 9th 2018, the Minister of Justice has unveiled the main lines of the upcoming reform regarding the radical transformation of the French judicial system....more

DOJ Announces Intent To Apply Principles From FCPA Corporate Enforcement Policy To Other White Collar Contexts

by Shearman & Sterling LLP on

At the recent American Bar Association’s National Institute on White Collar Crime, the Department of Justice’s (“DOJ”) Acting Head of the Criminal Division, John Cronan, announced that the Criminal Division will use the FCPA...more

Jack Sharman discusses Rick Gates Plea on The 11th Hour with Brian Williams

Lightfoot partner Jack Sharman discusses the Rick Gates plea on MSNBC's "The 11th Hour with Brian Williams." ...more

Lauri Love – How high has the forum bar really been set?

by White & Case LLP on

In what has been hailed as a landmark decision, the High Court recently refused to allow the extradition of UK citizen Lauri Love to the USA for offences of cyber theft, activating the forum bar for the first time since its...more

Australian Competition and Consumer Commission Launches Criminal Cartel Case: More to Come?

by Jones Day on

The Background: Earlier in 2018, the Australian Competition and Consumer Commission warned that several domestic companies would face criminal cartel prosecutions in 2018. The Situation: The ACCC has begun to follow...more

Building Blocks for an Effective Due Diligence System (Part II of III)

by Michael Volkov on

Companies continue to face significant risks from their third parties. In response, companies are implementing sophisticated due diligence and third party risk management systems. FCPA enforcement risks are only one of...more

Dorsey Anti-Corruption Digest - March 2018

by Dorsey & Whitney LLP on

Keeping ahead of global anti-corruption trends is critical in today’s business markets. The Dorsey Anti-Corruption Digest, which puts global trends at your fingertips, puts you ahead. The deep experience of the Dorsey...more

UK SMCR vs APR: Criminal Record Checks and the FS Register in the New Accountability Era

by Morgan Lewis on

The Senior Managers and Certification Regime (SMCR), which came into force in March 2016 for UK banks, PRA-designated investment firms, and UK branches of foreign banks, changes the way in which individuals working in...more

Foreign Corrupt Practices Act 2017 Year-End Update

by BakerHostetler on

2017 marked the fortieth anniversary of the Foreign Corrupt Practices Act (FCPA), and showed continued robust enforcement against both individuals and companies by the U.S. Department of Justice (DOJ) and the U.S. Securities...more

New DOJ Policy Grants Companies Expanded Credit for Voluntary Disclosure of Criminal Misconduct

by Dechert LLP on

In a development with potentially far-reaching consequences for white collar enforcement, the U.S. Department of Justice (DOJ) Criminal Division has expanded the opportunity for companies to earn credit for voluntary...more

Financial Regulatory Developments Focus - March 2018

by Shearman & Sterling LLP on

In this week's newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

The DOJ’s New Officially Unofficial Policy May Enable Federally Regulated Business to Avoid Criminal Charges

Last November, Deputy Attorney General Rod Rosenstein announced a new enforcement policy. Under the new policy, businesses subject to the Foreign Corrupt Practices Act (“FCPA”) may avoid criminal liability by self-reporting...more

Corruption Perceptions Index for 2017 Reveals Little Improvement in Public Sector Corruption in Asia-Pacific

by Morrison & Foerster LLP on

On February 21, 2018, Transparency International (“TI”) released its annual Corruption Perceptions Index (“CPI”) for 2017, surveying and ranking perceptions of public sector corruption in 180 countries and territories, on a...more

DOJ Officials Suggest a Broadened Corporate Declination Policy Beyond the FCPA

by Morgan Lewis on

Recent statements by top US Department of Justice officials indicate that DOJ may consult the FCPA Corporate Enforcement Policy for guidance outside of the Foreign Corrupt Practices Act context in assessing whether a...more

Civil Liability of Arbitrators in the UAE – An Update

by White & Case LLP on

The Dubai Court of Cassation in its recent decision in Case 484/2017 has set a new threshold for establishing the liability of arbitrators in civil matters, thereby providing some much needed clarity on this important issue....more

Offshore Accountholders Beware: New DOJ Sentencing Policy For FBAR Cases Is A Game-Changer

by Fox Rothschild LLP on

The Justice Department’s Tax Division has recently announced a major policy shift that will invariably result in longer jail sentences for individuals convicted of failing to report their offshore bank accounts on the FBAR...more

A Data Privacy Question that Borders on Reach

by Harris Beach PLLC on

Location, Location, Location. While it is often used to describe a key to selling real estate, the location of a server may be just as important. The United States Supreme Court heard arguments on February 27, 2018, on...more

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