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Ericsson Pleads Guilty, Agrees to Pay $206M in Fines, Following Alleged Violation of FCPA Deferred Prosecution Agreement

Last week, the U.S. Department of Justice (DOJ) announced that Sweden-based multinational telecommunications company Telefonaktiebolaget LM Ericsson (Ericsson) will plead guilty to breaching the Foreign Corrupt Practices Act...more

New Incentives Added to the Criminal Division’s Corporate Enforcement Policy

On January 17, 2023, Assistant Attorney General (AAG) Kenneth A. Polite, Jr. delivered remarks to an audience at the Georgetown University Law Center, announcing changes to the Criminal Division’s Corporate Enforcement Policy...more

SEC Adopts Significant Changes to Securities Exchange Act Rule 10b5-1 and Imposes Related Disclosures

On December 14, 2022, the U.S. Securities and Exchange Commission (SEC) unanimously adopted amendments to Rule 10b5-1 under the Securities Exchange Act of 1934, which adds new conditions to the use of the affirmative defense...more

Brazilian Airline to Pay Millions in Coordinated Foreign Bribery Resolution

On September 15, 2022, GOL Linhas Aéreas Inteligentes S.A. (GOL), Brazil’s second largest domestic airline, resolved long-running parallel investigations by the U.S. Department of Justice (DOJ) and the Securities and Exchange...more

DOJ Publishes FCPA Declination on Cross-Border Bribery Investigation

Without fanfare, DOJ recently published a “declination and disgorgement letter,” the first FCPA declination published by the Department since August 2020. As disclosed in the letter, DOJ has declined to prosecute Jardine...more

Cybersecurity and Data Privacy – What to expect in 2022

Threats to cybersecurity and data privacy are constantly increasing both in volume and complexity. This trend is expected to continue in 2022. In a bid to protect cybersecurity and ensure data is properly safeguarded,...more

UK’s Regulator of Banks and Financial Services Releases Its Business Plan for 2020/2021

This month, the UK’s Financial Conduct Authority (FCA) released its Business Plan for 2020/2021, setting out its objectives for the next three years. Its highest priority is to deal with the financial implications of the...more

UK Set to Shake Up Corruption and Money Laundering Enforcement

The UK Government introduced the Criminal Finances Bill to Parliament today (13 October 2016), which will now start its passage through the parliamentary approval process before becoming law. The Government hopes that...more

The Anti-Corruption Summit – UK Plans For A New Corporate Money-Laundering Offence, And A Host Of Other Proposals

On May 12, 2016, the UK’s Prime Minster David Cameron hosted the “Anti-Corruption Summit”, a first of its kind, bringing together world leaders, business, and civil society with the goal of seeking to agree on a package of...more

The SFO’s “ongoing” investigation into Alstom – Further Charges

We originally wrote in 2014 about charges that had been brought in September of that year by the UK’s Serious Fraud Office against the French Multinational’s UK subsidiary, Alstom Network UK Ltd, and two former employees and...more

3/30/2016  /  Alstom , SFO , UK , UK Bribery Act

Sharper Teeth For Sanctions Enforcement?

The current UK sanctions enforcement regime is a complicated web reflecting the requirements of UN Security Council Regulations, EU Regulations, and UK Primary and Secondary Legislation. Penalties for breaches of sanctions...more

The SFO’s Seize and Sift Procedure

R (on the application of Colin McKenzie) v Director of the Serious Fraud Office saw a failed application for permission to apply for a judicial review of the SFO’s currently in-use procedure for dealing with material that it...more

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...more

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...more

Reflections on a Sentence: Spooking the City

Tom Hayes emerges from his trial at Southwark Crown Court for Libor manipulation as a very considerable loser, who took some very bad decisions in the course of the SFO investigation and trial (and perhaps deserves his long...more

FCA Enforcement Performance: Part 2 – The Forex Effect

Only a couple of weeks ago I was commenting on a NERA report that had found that in the period between April 2012 and October 2014 the FCA had imposed fines of over £1bn, in sharp contrast to the preceding decade during which...more

Law Enforcement Bliss: The SEC As Policeman, Judge and Jury

New York’s Southern District Court Judge Jed Rakoff is always worth listening to. He expresses trenchant views about the rule of law elegantly and politely. He is fearlessly independent. Prosecutors in the US, who are...more

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