The Fraud Board

The Fraud Board

Commentary on current cases, news stories and legal developments in international business crime and regulation

McGuireWoods’ London Government, Regulatory and Criminal Investigations Group

Category Archives: Compliance programmes

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Compliance programmes, Corporate sentencing, Corruption, Deferred prosecution, FCPA, Fraud, Plea bargaining, Self-reporting, Serious Fraud Office, Uncategorized

Cooperation, Leniency, Internal Investigations, Self-Incrimination, Privilege and All That Jazz

I recently attended a Fraud Conference in Miami where I heard a French lawyer insisting that since he was a defence advocate, his job was to defend his clients against fraud allegations, not to prosecute them.  Instead of cosying up to the authorities, and self-reporting, he regarded it as his duty to challenge the prosecutor and… Continue Reading
Civil fraud jurisdiction, Compliance programmes, Due diligence, Enforcement, FCA enforcement, Fraud, Senior Executives

Making Bankers Accountable

The Financial Conduct Authority and the Prudential Regulatory Authority have recently been showing signs of gearing up for the new regime which is intended to have the effect of making senior bankers and other financial services managers accountable for failings within their institutions. The intention, of course, is to avoid the kind of meltdown we all… Continue Reading
Compliance programmes, Corruption, Enforcement, Fraud, Whistleblower


Crucially businesses should be confident that reprisals against whistle-blowers are not an issue for them, and that their organisation understands and trusts any whistleblowing policy and procedure they have in place. Deficiencies in these areas may very well lead to a Regulator challenging the overall effectiveness and adequacy of an organisations compliance programme.… Continue Reading
Compliance programmes, Corruption, Deferred prosecution, Due diligence, Enforcement, FCPA, Gifts & hospitality, Guidance, Public officials, Settlement

Weatherford’s “loose controls and anaemic compliance” leads to $253 million bribery and sanctions penalties

This is a salutary tale for any companies, wherever they are situated in the world, which still think that their illegal activities will never be discovered. Usually it is only a question of time, and the penalties can be huge, as well as the impact on the business in sorting it all out.… Continue Reading
Compliance programmes, Corruption, Due diligence, Enforcement, Guidance, Jurisdiction, Senior Executives

Anticorruption compliance is more than adopting a policy

When the prosecutors come knocking on the door with a search warrant, one of the first things they will look for is evidence as to whether the company adhered to and fulfilled the six principles of adequate procedures. If one or more of those six steps is missing, the company may have no defence to a prosecution… Continue Reading
Compliance programmes, Corruption, Deferred prosecution, Enforcement, Plea bargaining, Self-reporting, Settlement


Crime and Courts Act 2013. The Schedule contains a requirement that the DPP and the Director of the SFO jointly issue a Code giving guidance for prosecutors on a number of matters, including the general principles to be applied in determining whether a DPA is likely to be appropriate in a given case.… Continue Reading
Compliance programmes, Gifts & hospitality

“Not the serious champagne office” – SFO Director indicates common sense approach to Bribery Act

In response to speculation as to whether corporate hospitality involving tickets to the recent London Olympic Games might result in prosecutions under the Bribery Act, Serious Fraud Office Director David Green QC has stated: "We are not interested in that sort of case. We are interested in hearing that a large company has mysteriously come second in bidding for a big contract. The sort of bribery we would be investigating would not be tickets to Wimbledon or bottles of champagne. We are not the 'serious champagne office'."… Continue Reading
Compliance programmes, Corruption, Enforcement, Public procurement debarment, Self-reporting, Settlement

Oxford University Press pays substantial civil settlement fine for corrupt overseas contracts and is debarred from World Bank tenders

This appears to be the first civil settlement approved by the new Director of the SFO, David Green QC. It confirms what he has said publicly, that he will agree to civil settlements where appropriate (even though they have been the source of criticism in the past) but the SFO will prosecute when it is the public interest to do so.… Continue Reading