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Checking In Down Under

Australia

Today’s post is from Robert Wyld (an attorney at Johnson Winter & Slattery in Sydney and the Australia Expert for FCPA Professor) and covers recent developments from Australia in the general area of foreign bribery.

The key issues that are covered include: Australian Securities & Investments Commission and Australian Wheat Board UN Oil-For-Food Cases; Foreign Bribery Law Reforms; Private Sector Whistleblower Protection Reform; and Senate Economics Reference Committee Review of Australian Foreign Bribery Laws.

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Checking In Down Under

Australia

Today’s post is from Robert Wyld (an attorney at Johnson Winter & Slattery in Sydney).

Wyld is the Australia Expert for FCPA Professor.

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This year-end review covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 20 December 2017. It has been a busy year for politicians (creating new laws), regulators (pushing for easier ways to investigate and prosecute) and enforcers (Australia’s first foreign bribery convictions). And of course, and very much deserved, much enhanced private sector whistleblower protections are inching ever closer to reality.

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Australia Should Say No To DPAs For Foreign Bribery Offenses

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The Australian Attorney General’s Department (AGD) recently released this public consultation paper in which the Australian Government seeks “a more effective and efficient response to corporate crime by encouraging greater self-reporting by companies” and a “key focus of this consideration is a possible deferred prosecution agreement (DPA) scheme.”

Set forth below is the text of my letter to the AGD urging it to reject DPAs.

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Checking In Down Under

Australia

Today’s post is from Robert Wyld (Partner, Johnson Winter & Slattery in Sydney). Wyld is the Australia Expert for FCPA Professor.

There have been a number of important developments in Australia over the last few months. The key issues include: (i) false accounting prosecutions arising out of AFP Leighton Holdings investigation; (ii) ASIC’s penalty prosecutions against former senior AWB Ltd executives continue; (iii) proposed model for a Commonwealth Deferred Prosecution Agreement scheme; (iv) proposed amendments to the Commonwealth foreign bribery offence and introduction of new corporate offence of failing to prevent bribery; and (v) AFP and CDPP foreign bribery initiatives

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Friday Roundup

Roundup

No comment, scrutiny alert, when the obvious is not so obvious, quotable, undercover, follow-up, and for the reading stack. It’s all here in the Friday roundup.

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The recent FCPA enforcement action against Chile-based LAN Airlines (in which the company paid $22 million to resolve DOJ and SEC enforcement actions concerning an alleged payment to resolve an Argentina labor dispute) suggested that both Argentine and Chilean law enforcement officials had commenced investigations of the conduct approximately five years ago.

I’ve tried to find information in the public domain regarding these apparent law enforcement investigations but have generally struck out.

For instance, I contacted LAN’s investor relations office and posed the following question:

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