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UK Bribery Act › Deferred Prosecution Agreements

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... more +
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 -
Dechert LLP

Economic Crime and Corporate Transparency Act 2023 – what changes to corporate criminal liability can we expect?

Dechert LLP on

On 26 October 2023, the Economic Crime and Corporate Transparency Act (the “Act”) received Royal Assent. Among other measures to further tackle economic crime1 it has introduced a failure to prevent fraud offence and...more

Ankura

UK Serious Fraud Office's Annual Report 2021-2022: A Call for Investment

Ankura on

The UK’s Serious Fraud Office (SFO) recently released its 2021-2022 Annual Report. The report highlights major successes for the SFO along with key challenges the prosecutor needs to tackle going forward....more

A&O Shearman

Testing ABAC compliance programmes: lessons from recent enforcement actions

A&O Shearman on

Recent Deferred Prosecution Agreements (DPAs) show the UK Serious Fraud Office (SFO) scrutinising companies’ compliance programmes. All of the companies which entered into DPAs relating to bribery had anti-bribery and...more

Hogan Lovells

Happy Birthday! Ten takeaways as we chart the tenth birthday of the UK Bribery Act

Hogan Lovells on

On 1 July 2021, the UK Bribery Act (the Act) – one of the world’s global bribery and corruption benchmark laws – turns 10. It’s been an eventful 10 years: the Serious Fraud Office (SFO), the Act’s primary enforcement agency,...more

White & Case LLP

Reflections on the UK Bribery Act (Part II) - Unfulfilled potential?

White & Case LLP on

On 1 July 2021, it will have been ten years since the Bribery Act came into force. The Act is widely considered to have been a pioneering piece of legislation. In addition to having raised the standard for anti-bribery and...more

WilmerHale

Bribery Act 2010: Ten Years On

WilmerHale on

Ten years have passed since the introduction of the UK’s primary anti-corruption law, the Bribery Act 2010 (“the Act”). This article examines the extent to which the Act has lived up to its billing as the international “gold...more

Morrison & Foerster LLP

UK Quarterly Review: Business Crime, Investigations, And Regulatory Enforcement - December 2020

Morrison & Foerster LLP on

In our Quarterly Review, we bring you important UK developments relating to business crime, investigations, and regulatory enforcement from the last three months. Please contact us if you would like to discuss any of these...more

A&O Shearman

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

A&O Shearman on

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

Vinson & Elkins LLP

Little “New” in SFO’s New Guidance on Compliance Programs

Vinson & Elkins LLP on

On January 17, 2020, the United Kingdom’s Serious Fraud Office (“SFO”) published new guidance regarding how the office assesses the compliance programs of organizations that are under investigation. “Evaluating a Compliance...more

BCLP

Construction 2020: United Kingdom

BCLP on

Foreign pursuit of the local market - If a foreign designer or contractor wanted to set up an operation to pursue the local market, what are the key concerns they should consider before taking such a step? Originally...more

White & Case LLP

Deferred Prosecution Agreements 5 Years On – the Americanisation of UK Corporate Crime Enforcement

White & Case LLP on

Five years ago, in the spring of 2014, Deferred Prosecution Agreements ('DPAs') were first introduced in the UK through the Crime and Courts Act 2013 ('CCA').1 Since then, the Serious Fraud Office ('SFO') has concluded four...more

WilmerHale

UK “Outsourcing Corporate Financial Crime Enforcement to the US”, Claims Corruption Watch

WilmerHale on

Corruption Watch UK has claimed that “a company committing economic crime in the US is far more likely to be hit with criminal, civil and regulatory penalties than one in the UK.” In a hard-hitting report published on 5 March...more

BCLP

The Bribery Act 2010 - Where Are We?

BCLP on

This is the first of a series of articles on the House of Lords Select Committee’s recent report, entitled “The Bribery Act 2010: post-legislative scrutiny”, in which members of BCLP’s White Collar team review the report. ...more

Dechert LLP

UK Bribery Act Receives Glowing Report While Other Areas of Economic Crime Prevention "Could Try Harder"

Dechert LLP on

The British Parliament has recently published two important post-legislative assessments of the effectiveness of the UK’s financial crime legislative framework, as well as an insight into future areas of focus....more

WilmerHale

The House of Lords’ Report on the Bribery Act 2010: A Glimpse Into the Future of Economic Crime?

WilmerHale on

On 14 March 2019, the Select Committee on the Bribery Act 2010 published its Report in which it makes a number of conclusions and recommendations. The Committee was given the task not only of conducting post-legislative...more

White & Case LLP

Tesco trial collapse highlights dangers of an early deferred prosecution agreement

White & Case LLP on

On 6th December 2018, the trial of two Tesco executives accused of false accounting collapsed. The judge concluded that the SFO's evidence, taken at its highest, was such that a jury could not properly convict. The SFO...more

WilmerHale

The Bribery Act 2010 – Post-Legislative Scrutiny

WilmerHale on

On 9 May 2018, the UK House of Lords appointed a Select Committee, chaired by Lord Saville of Newdigate, to scrutinise the implementation and enforcement of the UK Bribery Act 2010 (“the Act”). On 4 June 2018, the Ministry...more

Cooley LLP

Blog: Skansen Interiors Limited: The UK’s first contested prosecution under S7 of the Bribery Act

Cooley LLP on

The recent conviction of UK company Skansen Interiors Limited (SIL), for the corporate offence of failure to prevent bribery has caused controversy. This is the first conviction under S7 of the Bribery Act after a contested...more

BCLP

What enforcement tools are in the armoury of prosecutors in the US, UK and France?

BCLP on

Summary: Deferred prosecution agreements have been widely used by US prosecutors since the early 2000s. Prosecutors in the UK and France only obtained this power in 2014 and 2016 respectively – but they are making up for...more

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Europe Insights

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Womble Bond Dickinson

Businesses face unlimited fines for failure to prevent facilitation of tax evasion

Womble Bond Dickinson on

Introduction - As part of a global crackdown on tax evasion, the Criminal Finances Act 2017 (the Act) introduced a new offence. From 30 September 2017, an organisation commits a criminal offence if an employee or...more

Jones Day

Significant Reform Signalled for Australia's Foreign Bribery Regime

Jones Day on

On 6 December 2017, the Commonwealth Government announced its intention to significantly reform Australia's existing anti-foreign bribery regime. The Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017, now...more

A&O Shearman

Financial crime and investigations update for UK corporates

A&O Shearman on

The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of two new corporate criminal...more

Sheppard Mullin Richter & Hampton LLP

Oh, Hadn’t You Heard? You’re Violating French Law Right Now! France Gets Serieuse about Anti-Corruption

Sheppard Mullin Richter & Hampton LLP on

Ok, ok, don’t panic. Maybe not all of the millions of dedicated readers of this blog are in violation. Nevertheless, as of June 1, if your company does business in France, it may be time to check your anticorruption...more

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