As noted in the prior post, there are no formal legal defenses available when a company violates the Gross Human Rights Abuse provisions of the Criminal Finances Act. How, then, should companies deal with allegations that they’ve committed violations?… Continue Reading
The most important thing for a company to remember when dealing with the Gross Human Rights Abuse provisions of the Criminal Finances Act is that they appear to be designed as a strict liability regime with no statutory defenses available.… Continue Reading
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
The arguments for prosecuting grand corruption at the International Criminal Court as a crime against humanity are persuasive.
What is the responsibility and possible criminal liability of companies and their officials relating to human right violations allegedly committed abroad?
Should a CEO for example step down when a violation of financial or other conduct rules has occurred, which may even make the corporation complicit in terrorism financing or war crimes?… Continue Reading
The National Law University in Jodhpur, India, with the support of the American Society of International Law’s Anti-Corruption Law Interest Group, will be hosting a workshop on corruption and human rights on July 13-14, 2017 in Jodhpur.… Continue Reading
Until a few years ago, corporate decision-makers often worried that knowledge about their company’s human rights impacts may increase risks of litigation, prosecution and investment withdrawal.
Recent developments are shifting the debate in the opposite direction, with corporate counsel now pushing for more proactive knowledge-gathering and transparency.… Continue Reading
On October 26 in New York City, the FCPA Blog held its inaugural conference. Exceptional speakers and participants discussed current and emerging challenges in the implementation and enforcement of the FCPA.… Continue Reading
In the future, compliance officers will need to anticipate and respond to a transformation in business ethics. Here are six trends to watch out for.
Hyper-transparency: By 2020, there will be 80 billion devices connected to the internet.… Continue Reading
The Prosperity Index ranks 142 countries in terms of wealth and wellbeing.
The London-based Legatum Institute produces the Prosperity Index by ranking countries using eight sub-indexes: economy, entrepreneurship and opportunity, governance, education, health, safety and security, personal freedom, and social capital.… Continue Reading
As the owner of an English law firm based in the British Virgin Islands, I read with interest on the FCPA Blog about the recent changes to the European Union’s decision to toughen up even further its data protection rules.… Continue Reading
As Andy Spalding said in his call to nature post on the FCPA Blog, “systemic corruption is not inherent in society.” But “it happens,” he said, and that’s really a “terrible way to think about bribery.”
At the front lines of international business, Andy’s reflections about real-world graft are spot on.… Continue Reading