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: Settlement

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Corruption, Enforcement, Jurisdiction, Senior Executives, Settlement

The Long Arm of British Anti-Corruption Laws and the impact on individual defendants

The inference to be made from this court order is that the crime of corruption really doesn't pay, especially for board level directors, and that individuals who get involved in (or permit existing arrangements to continue unabated) international corruption are at risk of being prosecuted in one or more jurisdictions around the world and are liable to lengthy terms of imprisonment as well as very substantial penalties and orders for disgorgement of payments… 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, Deferred prosecution, Enforcement, Plea bargaining, Self-reporting, Settlement

DEFERRED PROSECUTION AGREEMENTS PROSECUTION GUIDANCE

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, 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
Compliance programmes, Corruption, Deferred prosecution, Enforcement, FCPA, Settlement

Deferred prosecution agreements to be introduced as a bill in the next parliament

In our view, the Solicitor General's confirmation that DPAs would be introduced into UK law is a very positive step forward in the enforcement of complex international crime. Although the road to its introduction may be bumpy, it is clear that he is very determined that it should happen and he is working with the judiciary to ensure that it is a success… Continue Reading