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Tougher Revised UK Bribery Act Policies
In a development that took some by surprise, on Oct. 9, 2012, the UK's Serious Fraud Office (SFO) issued new policies under the Bribery Act 2010, which could change the way some companies do business. It is critical for corporate counsel, white-collar and corporate practitioners to understand the changing contours of the Bribery Act 2010 and the impact the changes have on defense strategies, defenses, and counsel to their companies.
Now more than ever, understanding the similarities and, more importantly, the differences between the Bribery Act 2010 and the U.S. Foreign Corrupt Practices Act (FCPA) is paramount. For those unfamiliar, the SFO is the UK independent government agency that investigates and prosecutes serious or complex fraud, as well as corruption. Its powers are similar in some respects to those of the U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ). The new policies are related to facilitation payments, business expenditure (hospitality) and corporate self-reporting. See www.sfo.gov.uk/press-room/latest-press-releases/press-releases-2012/revised-policies.aspx. The announcement is meant to revise existing SFO pronouncements on the enforcement of the Bribery Act 2010, which took effect on July 1, 2011.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.