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Corruption: The French National Financial Prosecutor Signed His Fifth Judicial Public Interest Agreement

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A guest post today from Paris-based Bryan Cave Leighton Paisner attorneys Cécile Terret, David Père and Perrine Ader.

Recently, the French company Egis Avia, a subsidiary of the Egis group, agreed to pay a fine of €2.6 million to end the proceedings for corruption in connection with a contract to modernise the airport in Oran, Algeria. The fine was negotiated with the National Financial Prosecutor (the “NPF”) under a French legal instrument, namely the Convention Judiciaire d’Interêt Public (Judicial Public Interest Agreement; the “CJIP”).

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French Authorities Release New Guidelines For Settlement Agreements In Corporate Prosecutions

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Today’s post is from Cecile Terret and David Pere (attorneys with Bryan Cave Leighton Paisner in Paris).

On June 27, 2019, the French financial prosecutor (Procureur de la République Financier – PRF) and the French Anti-Corruption Agency (Agence française anticorruption – AFA) published new 18-page guidelines about an alternative system to corporate prosecutions which dates back to 2016. (See here).

These guidelines specify the conditions of application of the anti-corruption law known as “Sapin II”, adopted by France in 2016, which provides the possibility for the PRF, as an alternative to prosecution, to enter into a settlement agreement (known in French as the “Convention Judiciaire d’Intérêt Public”, – CJIP).

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First Corruption Monitoring In France

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A guest post from David Père (Bryan Cave Paris) and Mark Srere (Bryan Cave Washington).

On 9 December 2016, France enacted the “Law on Transparency, Anti-Corruption and the Modernization of the Economy,” known as the “Sapin II Law.” Introducing new legal means into French Law to fight corruption, this law notably created the Agence Française Anti-corruption (French Anti-corruption Agency; the “AFA”) and a new legal instrument, namely the Convention Judiciaire d’Intérêt Public (Judicial Public Interest Agreement; the “CJIP”), enabling French Public Prosecutors to reach settlements with companies involved in offences of corruption, influence peddling or laundering of tax-fraud proceeds.

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French Anti-Corruption Agency Releases Guidelines

AFA

This recent FCPA Flash podcast highlighted developments in France relevant to the anti-bribery and compliance space including, most notably, the new so-called Sapin II law and the new French anti-corruption agency (AFA).

Recently, the AFA released guidelines (see here for the English translation) which make for an interesting read. In many respects, the AFA guidance is similar to the DOJ/SEC issued FCPA Guidance (2012) and the U.K. Ministry of Justice Bribery Act Guidance (2010). However, there are a few portions of the AFA guidelines that caught my eye and are discussed below.

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Friday Roundup

Roundup

Former SEC FCPA Unit Chief Kara Brockmeyer on declinations and voluntary disclosure, Wal-Mart’s global chief ethics and compliance officer on increased standardization in global anti-corruption efforts, scrutiny updates, French first, and for the reading stack.

It’s all here in the Friday Roundup.

Former SEC FCPA Unit Chief Kara Brockmeyer On Declinations and Voluntary Disclosure

Brockmeyer is profiled in this recent Corporate Crime Report Q&A. (See here for a recent FCPA Flash podcast with Brockmeyer).

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