Criminal

My turn to ask the SFO a few questions

Normally it is my clients who are on the receiving end of questions from the SFO, so I was delighted to be given the opportunity by GIR on Wednesday to be able to put some questions to the Director of the SFO, Lisa Osofsky,  about a number of issues that individuals and companies have been Read More

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DPA penalty discount for self reporting: change recommended by House of Lords committee

The operation of the Bribery Act 2010 has been subjected to post-legislative scrutiny for the first time since it came into force. A House of Lords Committee heard evidence from businesses, NGOs, lawyers, judges, enforcement authorities and the government. The report, published on 14 March, is largely very positive about the impact of the Act. Read More

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Pressure mounting for new failure to prevent economic crime corporate criminal offence

“Multi-national firms appear beyond the scope of legislation designed to counter economic crime.” This was the damning conclusion of a House of Commons Treasury Committee report on Economic Crime published last week. Those hoping that the UK government has forgotten about its manifesto commitment to reform corporate liability for economic crime will be disappointed. Recent Read More

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First OFSI penalty for breach of financial sanctions

Details of the first monetary penalty imposed for breach of financial sanctions by the UK Office of Financial Sanctions Implementation (OFSI) was published yesterday. Raphaels Bank has been fined GBP5000 for transferring GBP200 belonging to a ‘designated person’ in breach of an asset freeze in EU financial sanctions on designated persons and entities relating to Read More

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Second Circuit Narrows FCPA’s Reach Yet Enforcement Risk Remains

The Second Circuit recently ruled that the general criminal statutes of conspiracy and complicity cannot be used to draw non-U.S. persons or companies within the jurisdiction of the Foreign Corrupt Practices Act (the FCPA) where their conduct would not otherwise fall within the statute’s ambit. That is, prosecutions under the FCPA cannot be brought against Read More

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