A Parliamentary Bill which, amongst other things, makes provision to introduce Deferred Prosecution Agreements into the UK received the Royal Assent last week. The subject of Deferred Prosecution Agreements (“DPAs”) is covered in section 45 and Schedule 17 of the Crime and Courts Act 2013. The salient provisions contained in the Schedule are as follows:
Corporate & Commercial
The SFO reinforces its stance on Facilitation Payments Enforcement
This would appear to be a clear message, both to commercial organisations and to the OECD, that the SFO regards facilitation payments as being an important item on its current agenda.…
The DOJ’s Guiding Principles of Enforcement
The clear articulation of these matters in the Resource Guide provides a useful template for use by those corporates which might be exposed to the UK Bribery Act.…
SDNY Finds No Duty to Disclose Wells Notices
Public companies being investigated by the SEC often face difficult decisions about whether, when, and to what extent they should disclose the government inquiry. This is especially true in deciding whether to disclose the receipt of “Wells Notices,” which notify recipients that the Enforcement Staff may recommend that the Commission pursue formal charges against the…
RICO suit being pursued in the US, relating to the charges brought against Victor Dahdaleh by the Serious Fraud Office
The RICO suit….reinforces our view that…when defendants become involved in allegations of corruption they may have to face multiple sets of criminal proceedings around the world as well as civil suits and the threat of public procurement debarment in the United States and the European Union. Winning contracts by illegal means can lead to the…
IMPORTANT REPORT ON UK IMPLEMENTATION OF THE OECD ANTI-BRIBERY CONVENTION
The OECD have published a detailed Report on the evaluations and recommendations of a Working Group on the UK’s implementation and enforcement of the OECD Anti-Bribery Convention. The Report provides a valuable critique of the Bribery Act 2010 and on the UK’s recent record on enforcement of existing corruption laws.…
A Question of Ethics: Senators: Take Care When Helping Contributors
Q: I am chief of staff for a Senator, and I have a question about providing services to our constituents. Our office constantly receives requests from constituents to help with matters pending before federal agencies, often from campaign contributors. Sometimes it makes me uneasy to help contributors. It almost feels like bribery to use our office’s…
A Question of Ethics: Will STOCK Act Expand Federal Gratuities Law?
Q: I am a Senate staffer with a question about the STOCK Act. I have a friend who is an attorney, and he said that one of the biggest consequences of the act is a possible expansion of the law forbidding Members and staffers from accepting gratuities from constituents. I know that this has been a…
MABEY AND JOHNSON – SFO OBTAINS CIVIL RECOVERY ORDER AGAINST SHAREHOLDER
The Serious Fraud Office has taken action in the High Court under Part 5 of the Proceeds of Crime Act which has resulted in an Order for a parent company, Mabey Engineering (Holdings) Ltd, to pay £131,201 in recognition of sums it received through share dividends derived from contracts won through unlawful conduct by one…
A Question of Ethics: William Jefferson’s Appeal Could Affect Bribery Law
Roll Call
January 17, 2012
Q: A friend and I have been following former Rep. William Jefferson’s (D-La.) appeal of his conviction for bribery. Over the holidays, I read that the appeal could significantly impact federal law regarding bribery. Can you help me understand what is at stake in Jefferson’s appeal?
A: Say you are…