Alistair Craig | The FCPA Blog

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All posts by Alistair Craig

UK courts: Djibouti government loses corruption claim against politically connected businessman

Alistair Craig March 16, 2016

Abdourahman Mohamed Mahmoud BorehLondon’s commercial court recently dismissed, in fairly trenchant terms, a corruption-related claim brought by the Djibouti government against Abdourahman Boreh, the man credited with being instrumental in the development of the country’s strategically important and successful port, oil storage, and duty free facilities.… Continue Reading

UK courts: SFO clears legal privilege hurdle in bribery probe

Alistair Craig February 10, 2016

An insight into the difficulties of establishing and protecting e-legal professional privilege arising from a bribery investigation was recently provided in a recent administrative law case.

The claimant, a bribery suspect, sought to challenge the Serious Fraud Office’s use of inside IT specialists for sifting through and isolating potential legal professional privilege (LPP) material from his seized electronic devices.… Continue Reading

UK courts: Italian prosecutor follows the money from a strange oil deal

Alistair Craig February 4, 2016

In December, the public prosecutor of Milan (Italy) laid some fairly explosive evidence before the UK’s Southwark Crown Court in connection with an ongoing Nigerian corruption investigation. If the evidence can be substantiated, it may have widespread political and international ramifications for those involved in a remarkably long running and murky saga.… Continue Reading

Did the UK’s first DPA comply with the UN Convention Against Bribery?

Alistair Craig December 8, 2015

The judicial approval required for UK Deferred Prosecution Agreements raises the issue as to whether and to what extent the Courts must be satisfied that such settlements comply with the United Nations Convention Against Corruption.… Continue Reading

Freezing orders: An opportunity to obtain information?

Alistair Craig December 7, 2015

In any word association game, “tracing, proprietary and yawn” would probably make a good grouping. However, the importance of the former two for a potential bribery victim in carrying out investigations and conducting disciplinary proceedings was recently underscored in a decision involving the UK’s largest housebuilder.… Continue Reading

UK court decision: Bribery makes chief executive ‘a bad leaver’

Alistair Craig November 30, 2015

Last month, the Scottish Court of Session Outer House delivered a decision that illustrates the pitfalls that await executive shareholders implicated in commercial bribery.

The case concerned whether or not the affairs of a transport and liquid freighting company were being carried on in an unfairly prejudicial manner to the interests of the former chief executive and associated shareholders. … Continue Reading

Terrorists and their money: UK money-laundering risk assessment finds big enforcement gaps

Alistair Craig November 18, 2015

Last month the UK’s Treasury and Home Office published the first national risk assessment of money laundering and terrorist financing in the UK.

The NRA warns that money laundering presents a serious threat to the UK’s national security with money launderers and terrorist financiers using similar methods to store and move funds.… Continue Reading

Alistair Craig: In arbitration, how much transparency is enough?

Alistair Craig July 9, 2015

The degree of transparency to be afforded to Investor State Dispute Settlements (ISDS) arising from the proposed Transatlantic Trade and Investment Partnership (TTIP) is currently exercising the EU parliament.

Concerns have been expressed that if the handling of disputes between investors and government are kept private, there is a risk of private interests and determinations subverting sovereign and EU legislation.… Continue Reading

Rio Tinto v. Vale: UK High Court protects identity of whistleblowers

Alistair Craig June 30, 2015

The issue of whether the identities of confidential sources for business intelligence reports should be protected from disclosure in civil litigation was the subject of a High Court decision in London yesterday arising from ongoing proceedings in New York.… Continue Reading

Compliance alert: UK moves toward registration of beneficial owners

Alistair Craig June 29, 2015

The UK’s corporate beneficial ownership register took a step closer last week with the government publishing a consultation exercise for the detailed registration regulations (the consultation period closes on July 17).… Continue Reading

TI critiques UK anti-money laundering enforcement

Alistair Craig June 25, 2015

This month, Transparency International published its survey of the UK’s AML enforcement and confiscation systems, particularly in relation to Financial Action Task Force (FATF) defined “grand corruption” (bribe-taking or kickbacks, extortion, self-dealing, conflicts of interest, and embezzlement from the national treasuries).… Continue Reading

Alistair Craig: Does your D&O insurance really cover a bribery investigation?

Alistair Craig June 8, 2015

The potential difficulties facing executives and former executives embroiled in bribery investigations and criminal proceedings were recently demonstrated in a recent decision of the Supreme Court of Victoria – Court of Appeal in Note Printing Australia Ltd v Leckenby.… Continue Reading