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Deferred Prosecution Agreements arrive in the UK

Deferred Prosecution Agreements (“DPAs”), an established part of the legal landscape in the US, have today, 24 February 2014, become available to prosecutors in the UK, thanks to Schedule 17 of the Crime and Courts Act 2013. As we reported previously, DPAs allow commercial organisations (not individuals) to settle allegations of criminal economic activity (for … Continue Reading

Deferred Prosecution Agreements for the UK – pragmatic solution or approach with caution?

Deferred Prosecution Agreements (“DPAs”), an established part of the legal landscape in the US, are inching ever closer to their long-awaited introduction in England and Wales.  After receiving royal assent via the Crime and Courts Act 2013 earlier this year, a draft Code of Practice (“Draft Code”) explaining how the DPA process will operate is … Continue Reading

SFO finally brings first charges under UK Bribery Act

In a press release on its website, the Serious Fraud Office (“SFO”) has announced that it has finally brought its first charges under the Bribery Act 2010. The bribery charges against the three individuals are connected to a wider investigation into a suspected £23 million fraud at Sustainable AgroEnergy plc.  The SFO’s investigation is focussed … Continue Reading

Transparency International’s 2013 Global Corruption survey paints a worrying picture of corruption and bribery in the UK

Special thanks to Squire Sanders Manchester office and particularly trainee solicitor Philip Bonner for preparing the article below. Last week’s publication of Transparency International’s 2013 Global Corruption Barometer sparked a number of headlines in the UK press and no doubt also caused a number of raised eyebrows and furrowed brows. Whilst Transparency International surveyed more … Continue Reading

Is the review of UK anti-bribery legislation a sign that the Government’s war on red tape has gone too far?

Special thanks to Squire Patton Boggs Manchester office and particularly trainee solicitor Philip Bonner for preparing the article below. If recent press reports are to be believed, in particular those emanating from the Financial Times (“FT”), the British Government is considering whether to relax the current ban on facilitation payments for small and medium-sized enterprises … Continue Reading

First self-report settlement in Scotland

The Scottish Civil Recovery Unit is to recover £5.6 million under Proceeds of Crime legislation after a Scottish drilling company, Abbot Group Limited (“Abbot”), admitted it had benefited from corrupt payments made in connection with a contract entered into by one of its overseas subsidiaries and an overseas oil and gas company. The contract was … Continue Reading

Ministry of Justice confirms that Deferred Prosecution Agreements (“DPAs”) will be introduced in England and Wales

On 23 October 2012, the Ministry of Justice (MoJ) published its response to the consultation paper on DPAs, and confirmed that it will legislate to introduce DPAs in England and Wales.    The Government intends to include an amendment to the Crime and Courts Bill 2012-2013 to introduce DPAs in England and Wales, and it is … Continue Reading

Bribery fears increase as UK businesses encouraged to boost export performance

As part of the UK government’s remodelling of the British economy, UK businesses are being encouraged to widen their export base. Given the intransigent economic problems in the Eurozone, traditionally the UK’s biggest export market, there are sound economic reasons for doing so. George Osborne, the Chancellor of the Exchequer, has championed the role of … Continue Reading

Oxford University’s publishing arm to pay nearly £1.9 million for corrupt East African operations

David Green QC, the newly-installed director of the Serious Fraud Office (“SFO”), has taken action in the High Court against Oxford Publishing Limited (“OPL”), which ordered it to pay £1,895,435, in relation to the unlawful conduct of OPL’s subsidiaries in Tanzania and Kenya. OPL is owned by Oxford University Press (“OUP”), which is the publishing … Continue Reading

Deferred prosecution agreements in the UK- Consultation now open

Back in May, we reported that the new Director of the SFO had offered support to the US-style deferred prosecution agreements (“DPAs”). DPAs aim to make out-of-court settlements easier by allowing defendant companies to avoid criminal prosecution instead agreeing a series of conditions. These conditions usually including paying a civil penalty, handing back the profits … Continue Reading

Anti-Bribery and Corruption: A Special Report

Thomson Reuters Accelus has recently published a special report (PDF/1.43MB/28 pages) on anti-bribery and corruption and the increased burden on senior management. It is particularly pertinent in light of the Bribery Act 2010 (“Act”) coming into force tomorrow. Among other things, it contains some useful discussion on: sector specific issues and guidance; whether foreign issuers with a London … Continue Reading
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