Top 10 International Anti-Corruption Developments for January 2019

by Morrison & Foerster LLP - Government Contracts Insights

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 resources. This month we ask: Which countries rose and which fell in this year’s Transparency International Corruption Perceptions Index? What new corruption laws were published in Italy and proposed in Russia? What new international bribery investigation was opened by French authorities? The answers to these questions and more are here in our January 2019 Top 10 list.

1.   Transparency International Releases Annual Corruptions Perceptions Index. On January 29, 2019, Transparency International (TI)released the Corruption Perceptions Index (CPI) for 2018. The CPI, which measures the perceived levels of public-sector corruption in 180 countries and territories, provides one of the major data-points used by compliance officers, outside counsel, and enforcement officials in assessing the anti-corruption risk of doing business in particular countries. TI uses a numerical system to rate countries on a number of factors, with a higher score representing a lower level of corruption and a lower score representing a higher level of corruption. Scores range from 0 (very corrupt) to 100 (very clean). The scores ranged from 10 for Somalia, which repeated its last-place finish from last year, to 88 for Denmark, which switched places with last year’s first-place finisher, New Zealand. The United States dropped four points from last year to 71, putting it out of the top 20 cleanest countries for the first time since 2011. The average overall score was 43, with two-thirds of the countries scoring below 50, considered to be a failing score. Since 2012, 20 countries have improved their scores, while the scores for 16 others have significantly declined. As we note in our client alert examining CPI results in Asia, both China and Vietnam saw significant declines in their CPI scores since last year, while India, Indonesia, and the Philippines saw slight improvements, and five countries in the region — New Zealand, Singapore, Australia, Hong Kong, and Japan — remained in the top 20. 

2.   Former Bankers Arrested on FCPA Charges in Mozambique Scheme. On January 3, 2019, three former Credit Suisse bankers were arrested in London on charges of conspiracy to violate the anti-bribery and internal-controls provisions of the FCPA, as well as conspiracy to commit money-laundering, securities fraud, and wire fraud. In addition, DOJ brought money laundering and fraud charges against Mozambique’s former finance minister and a senior executive of an Abu Dhabi–based shipbuilding company. According to the indictment, which was filed in the Eastern District of New York, the bankers — Andrew Pearse, Surjan Singh, and Detelina Subeva — conspired to arrange over US$2 billion of loans to maritime projects in Mozambique while concealing details of the loans from Credit Suisse’s internal controls. The defendants are alleged to have diverted more than US$200 million of the loans, part of which was used to bribe Mozambique government officials who approved the projects. Pearse, Singh, and Subeva were released on bail, and the U.S. is currently seeking their extradition.

3.  FCPA Charges Against Barbados Insurance Executives Dismissed. On January 18, 2019, a federal judge in the Eastern District of New York granted DOJ’s request to voluntarily dismiss FCPA charges against Ingrid Inniss and Alex Tasker, two former executives of Insurance Corporation of Barbados Limited (ICBL).[1] DOJ requested dismissal of the FCPA charges in December 2018 in light of the Second Circuit’s August 2018 decision in United States v. Hoskins, which limited U.S. prosecutors’ ability to use conspiratorial liability to bring FCPA charges against non-U.S. employees of non-U.S. companies. The defendants, Barbados nationals, still face two counts of money laundering and one count of conspiracy to commit money laundering.[2] Inniss and Tasker were initially indicted under seal on August 23, 2018, after DOJ informed ICBL that it was closing its investigation into potential FCPA violations by the company.

4.   Ten-Year-Old U.S. Indictment Against a Former Thai Tourism Official and Her Daughter Dismissed. On January 3, 2019, DOJ moved to dismiss without prejudice a criminal indictment pending in the Central District of California since January 2009 against Juthamas Siriwan, the former governor of the Tourism Authority of Thailand, and Jittisopa Siriwan, Juthamas’ daughter, charging them with money laundering and conspiracy to launder money.[3] The court granted the motion the following day.[4] In March 2017, Juthamas and Jittisopa were sentenced to 50 and 44 years’ imprisonment, respectively, after being criminally convicted in Thailand. DOJ moved for dismissal because the Siriwans’ sentences exceeded those anticipated in the United States and because the Siriwans have been serving their sentences since March 29, 2017. In 2009, Gerald and Patricia Green, two film executives, were convicted in the Central District of California of paying US$1.8 million in bribes to the Siriwans from 2002–2007 in order to obtain Thai government contracts, including those to operate and manage the annual Bangkok International Film Festival. The Thai criminal court also ordered the Siriwans to repay the US$1.8 million. The Siriwans had successfully resisted extradition to the United States since being charged in 2009.

5.   UK SFO Announces Additional Sentencings in Oil Contract Bribery Investigation. On January 11, 2019, the UK Serious Fraud Office announced that four more individuals had been sentenced for their roles in bribery schemes to secure contracts for FH Bertling. Their convictions were initially announced in November 2018. Christopher Lane and Colin Bagwell received sentences of six and nine months’ imprisonment, respectively, for their role in an alleged scheme to overcharge for freight-forwarding services provided by FH Bertling for a North Sea oil exploration project. Lane and Bagwell allegedly facilitated corrupt payments to secure a ConocoPhillips freight-forwarding contract, eventually worth over £16 million, and to ensure that ConocoPhillips would ignore inflated prices that FH Bertling charged for additional freight services. The other two individuals, Giuseppe Morreale and Stephen Emler, were sentenced to two years’ and eighteen months’ imprisonment, respectively, after pleading guilty to their involvement in the North Sea overcharging scheme, as well as separate charges of bribing officials to secure contracts in Angola. The first charges against FH Bertling and related individuals in the Angola bribery case were announced in July 2016. To date, 13 individuals have been charged in the SFO’s investigations into the company. Nine individuals have now been convicted and four have been acquitted.

6.   SFO Narrows Scope of Longstanding Bribery Probe into UK-Based Engineering Company. On January 7, 2019, the SFO confirmed that it had notified several unidentified individuals that they were no longer suspects in the Rolls-Royce bribery probe. The investigation, which began over six years ago, targeted an alleged scheme by the company to pay bribes to government officials in various countries, including China, Russia, India, and Nigeria, in exchange for government contracts. In January 2017, the company agreed to a US$800 million settlement with authorities in the U.S., UK, and Brazil. Under the agreement, the company paid over US$600 million to the SFO.

7.   Japan’s Olympics Chief Faces Corruption Charges in France. On January 11, 2019, French authorities revealed the formal investigation of Tsunekazu Takeda, the president of Japan’s Olympic Committee, on charges of corruption. Takeda was charged by an investigating judge on December 10, 2018, but he has publicly denied the accusations. Takeda is suspected of paying bribes to officials of the International Olympic Committee to secure Tokyo’s successful bid for the 2020 Summer Olympics. For several years, French investigators have maintained a focus on corruption in athletics and, in early 2016, they extended their investigation to include the bidding and voting process for the 2016 and 2020 Summer Olympics.

8.   Malaysia Launches New Anti-Corruption Plan. On January 29, 2019, Malaysian Prime Minister Mahathir Mohamad launched a new five-year anti-corruption plan. As part of the plan, the Malaysian government will review the government-appointments system, require politicians and high-ranking civil servants to declare their assets, and introduce new laws on political funding. The plan also aims to strengthen the country’s existing anti-corruption commission. The new measures come amidst ongoing investigations and prosecutions related to allegations that approximately US$4.5 billion was diverted from 1MDB, a state fund established by Mahathir’s predecessor Najib Razak. The public controversy over 1MDB contributed to Najib’s electoral defeat in June 2018.

9.   Two European Countries Take Steps to Strengthen Anti-Corruption Efforts.

  •  Italy Publishes New “Bribe Destroyer” Law. On January 9, 2019, Italy published the so-called “bribe destroyer” (spazzacorotti) law, which includes a number of measures that make private and corporate contributions to political parties and foundations more transparent and aim to combat public-sector corruption. The bill was adopted by the Italian Parliament on December 18, 2018. Among other things, the law freezes the statute-of-limitations period once there has been any judicial decision. Previously, the statute of limitations was calculated from when a final decision was issued by the judge, even if this was after appeals. In addition, the law increases sanctions for individuals and corporations; permanently prohibits those found guilty of corruption and sentenced to more than two years’ imprisonment from holding public office or contracting with the government; broadens the definition of “foreign public official” to include members of international organizations, individuals at a public international organization, judges and officers of international courts, and members of international parliamentary assemblies; provides benefits for voluntary disclosures by individuals; introduces a new crime of undue trading of influence; and provides a benefit for corporate cooperation. The law continues Italy’s recent efforts to fight against corruption, including through laws passed in 2012, 2014, and 2015.
  • The UK Establishes Financial-Industry Task Force. On January 14, 2019, the UK announced that it was launching a task force to crack down on fraud and corruption in the financial industry. The task force will be led by the Economic Crime Strategic Board, whose members will include the chief executives of several major banks, and will be chaired by interior minister Sajid Javid and finance minister Philip Hammond. According to reports, UK officials are particularly focused on money from Russia, Nigeria, Asia, and the former Soviet states.

10.  Russia Proposes Further Limiting Corruption Laws. On January 25, 2019, the Russian Ministry of Justice proposed changing corruption laws to make certain corrupt acts exempt from punishment if the corruption was found to be “unavoidable.” Although the bill does not provide concrete examples of when this might occur, public figures and officials could be exempt from prosecution under the proposed rule if “objective circumstances” made it impossible for them to comply with corruption laws. The proposal comes in response to a two-year anti-corruption plan signed by President Putin in 2018. According to the Council of Europe, bribery in Russia increased in 2018, and Russia’s score on the 2018 Corruptions Perceptions Index (see No. 1 above) remained low, dropping another point to 28 (out of 100). 


[1] United States v. Inniss et al., No. 1:18-cr-00134-KAM, Docket No. 29 (E.D.N.Y. Jan. 18, 2019).

[2] United States v. Inniss et al., No. 1:18-cr-00134-KAM, Docket No. 8 (E.D.N.Y. Aug 23, 2018).

[3] United States v. Siriwan et al., 2:09-cr-00081-GW, Docket No. 160 (C.D. Cal., Jan. 3, 2019).

[4] United States v. Siriwan et al., 2:09-cr-00081-GW, Docket No. 160 (C.D. Cal., Jan. 3, 2019).

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP - Government Contracts Insights | Attorney Advertising

Written by:

Morrison & Foerster LLP - Government Contracts Insights

Morrison & Foerster LLP - Government Contracts Insights on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.