Commercial Bribery

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2014 Corruption Perceptions Index

Transparency International recently released its 2014 Corruption Perceptions Index. The Index is an excellent tool for identifying geographic areas that generally present corruption-related risks and where companies are likely to encounter corruption-related challenges. Twelve data sources were used to develop the 2014 Index, including ratings and assessments from the African Development Bank, the Economist Intelligence … Continue Reading

The UK Bribery Act – what to expect in 2015

We have reported previously that the UK’s Serious Fraud Office (SFO) has confirmed its commitment to prosecuting bribery and corruption and that although there is yet to be a “big case” under the UK Bribery Act 2010, the SFO are busy investigating companies it suspects may have broken the law. As we approach the end … Continue Reading

GSK BRIBERY CASE – END OF THE MATTER?

This article was originally published by LexisNexis and is reproduced with permission. GlaxoSmithKline (GSK) has been fined £300 million and five of its employees given suspended prison sentences in China for bribery – but is this the end of the matter? What impact will the verdicts have on other multinational companies conducting business in China? … Continue Reading

Real, honest cooperative action – the key to obtaining a Deferred Prosecution Agreement in the UK

In a July 1 speech to the UK Aerospace and Defence Industry Seminar, Ben Morgan of the Serious Fraud Office (SFO) discussed his recommendations for how companies seeking Deferred Prosecution Agreements (DPAs) should interact with the SFO. His resounding message was cooperation on the part of the company, not just “the impression of cooperation” but … Continue Reading

UK Serious Fraud Office launches investigation into GlaxoSmithKline in relation to claims of foreign bribery

The UK’s Serious Fraud Office (“SFO”) has launched a formal criminal investigation into GlaxoSmithKline (GSK) and its “commercial practices”, understood to mean allegations of foreign bribery. David Green CB QC, Director of the SFO, said back in 2012 that only the largest cases, that prevented UK companies from competing for big contracts on a level … Continue Reading

Bribery prosecutions in the UK – where are we now?

We reported back in 2012 that the UK’s Serious Fraud Office (“SFO”) had confirmed its commitment to enforcing the UK Bribery Act 2010 (“Bribery Act”) and that its new powers to prosecute bribery offences would remain an important tool in actions overseas. So where are we now? In late 2013, the SFO charged printing company … Continue Reading

Deferred Prosecution Agreements arrive in the UK

Deferred Prosecution Agreements (“DPAs”), an established part of the legal landscape in the US, have today, 24 February 2014, become available to prosecutors in the UK, thanks to Schedule 17 of the Crime and Courts Act 2013. As we reported previously, DPAs allow commercial organisations (not individuals) to settle allegations of criminal economic activity (for … Continue Reading

SFO finally brings first charges under UK Bribery Act

In a press release on its website, the Serious Fraud Office (“SFO”) has announced that it has finally brought its first charges under the Bribery Act 2010. The bribery charges against the three individuals are connected to a wider investigation into a suspected £23 million fraud at Sustainable AgroEnergy plc.  The SFO’s investigation is focussed … Continue Reading

Stricter Legislation On Corruption In Healthcare Looming

For years there has been a public debate in Germany about corruption in the healthcare sector – not least because of the huge economical detriments. Experts estimate that corruption in the health care system causes damages of up to EUR 18 billion, which corresponds to ten percent of the entire healthcare expenditure. Of particular interest … Continue Reading

Ministry of Justice confirms that Deferred Prosecution Agreements (“DPAs”) will be introduced in England and Wales

On 23 October 2012, the Ministry of Justice (MoJ) published its response to the consultation paper on DPAs, and confirmed that it will legislate to introduce DPAs in England and Wales.    The Government intends to include an amendment to the Crime and Courts Bill 2012-2013 to introduce DPAs in England and Wales, and it is … Continue Reading

Magyar Telekom, Deutsche Telekom Settle FCPA-Related Actions

Magyar Telekom Plc and its majority owner Deutsche Telekom AG have agreed to pay a total of approximately $95 million in penalties arising from alleged violations of the anti-bribery and books and records provisions of the Foreign Corrupt Practices Act (“FCPA”) stemming from conduct in Macedonia and Montenegro. Conduct Between 2005 and 2006, former executives … Continue Reading

Aon settles FCPA enforcement actions with DOJ, SEC

Aon Corp., an Illinois-based world leader in risk management, insurance, and reinsurance brokerage services, has entered into a Non-Prosecution Agreement (“NPA”) with the Department of Justice (“DOJ”) and has settled a civil action brought by the Securities and Exchange Commission (“SEC”) stemming from alleged violations of the anti-bribery, books and records, and internal controls provisions … Continue Reading

Drink to This: Diageo Settles FCPA Administrative Enforcement Action

London-based Diageo, the maker of popular liquor brands such as Johnnie Walker scotch and Smirnoff vodka, has agreed to pay more than $16 million to settle an administrative action brought by the Securities and Exchange Commission (“SEC”) for violations of the books and records and internal control provisions of the FCPA. Conduct From 2003 to … Continue Reading

Anticorruption Enforcement in Brazil Takes a Step Forward, But It Needs to Take More

Bribery has been considered a criminal offense in Brazil since 1940. Since then, several other corruption-related practices also have been criminalized. Over the years, countless individuals in the public and private sectors have faced criminal charges for bribery and corruption, many of which individuals were sentenced to imprisonment. One perceived shortcoming in Brazil’s anti-corruption laws, … Continue Reading

Through a glass darkly: Renault, commercial bribery and China?

Last week, various stories were published in the United States about Renault’s claims that 3 senior employees were being investigated for leaking not-yet-patented electric car battery technology secrets in a case where Chinese interests may be implicated. Details have been sparese however, leaving unaddressed key questions such as whether the Renault employees are alleged to have released … Continue Reading
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