As Salomé Lemasson’s excellent post earlier this week reported, a new level of corporate accountability for overseas bribery and ESG is breaking out across Europe. That’s welcome news, especially to those of us who once wondered if corporations there would ever face the music.… Continue Reading
Posts Tagged: Bribery Act 2010
The UK’s Criminal Finances Act, a new law that expands remedies for UK prosecutors to use against gross human rights abuses, also targets activity “connected to” gross human rights abuses.
Activity “connected to” gross human rights abuses includes: directing or sponsoring, profiting from, materially assisting, or acting as an agent in connection with, the commission of gross human rights abuses.… Continue Reading
In the prior post, we introduced readers to the UK’s Criminal Finances Act, a new law that expands remedies for UK prosecutors to use against gross human rights abuses. But what are gross human rights abuses?… Continue Reading
ICBC Standard Bank agreed to pay about $33 million in penalties and enter into a deferred prosecution agreement for failing to prevent overseas corruption, the UK Serious Fraud Office said Monday.… Continue Reading
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
If you’re a compliance practitioner seeking to design an anti-corruption program consistent with all laws that apply to your company, you probably recognize the phrase “carries on a business, or part of a business, in any part of the United Kingdom.”… Continue Reading
The UK Ministry of Justice and the Department for Business, Innovation & Skills (BIS) surveyed small and medium sized businesses to find out how many know about the 2010 Bribery Act.… Continue Reading
David Green QC, Director of the UK Serious Fraud OfficeIn his third report to the Cambridge Symposium on September 2, the Director of the SFO suggested that the proposal to amend s.7 of the Bribery Act 2010 to cover financial crimes was “gaining traction.”… Continue Reading
After Monday, deferred prosecution agreements (DPAs) will be available to the UK Serious Fraud Office (SFO) in its fight of financial crimes, including corruption.
The SFO has stated that, although DPAs will be “a welcome addition to the prosecutor’s toolkit…,” its “preferred option” remains prosecution.… Continue Reading
The importance of specifically targeted legislation to prohibit bribery of foreign officials was well-illustrated by a recent Hong Kong Court of Appeals decision, HKSAR v. Krieger (2013) HKCA 639.
In the absence of such legislation, prosecutors of bribery offenses have to tackle difficult issues of agency, conspiracy and the absence of any corporate liability offense for bribery.… Continue Reading