On July 6, 2017, the Ontario Court of Appeal upheld Nazir Karigar’s conviction and three-year prison sentence for agreeing to bribe a foreign public official contrary to the Corruption of Foreign Public Officials Act (CFPOA). Karigar had acted as an agent of Cryptometrics Canada, an Ottawa-area company, in pursuing a contract to supply security screening equipment to Air India. The trial judge determined that Karigar had agreed with other persons to bribe Indian public officials in order to win the contracts and sentenced Karigar to a three-year imprisonment for contravening section 3 of the CFPOA. The trial judge notably did not conclude that Karigar actually paid a bribe.
Today’s post is from Frederick Davis (Debevoise & Plimpton – Paris).
A decision of the Paris Court adds a new element to the debate over “international double jeopardy:” in a striking ruling, it held that a person who had pleaded guilty in the United States to FCPA violations could not be prosecuted for the same offense in France because the US guilty plea – which the Court concluded had been forced upon him – deprived him of his right to self-defense protected by the European Convention on Human Rights.
In recent years the UK Serious Fraud Office (SFO) has been making aggressive statements regarding assertions of legal professional privilege by corporates and has launched two significant legal cases in this area.
The first of these challenges occurred in the criminal courts regarding the Barclays Qatar investigation, which saw Barclays eventually partially waive privilege and provide the SFO with the documents requested, rather than having an acrimonious court battle on the topic – something the SFO was prepared to do. The second was a civil test case, instigated by the SFO in the UK High Court, to challenge assertions of privilege in the case of The Serious Fraud Office v ENRC.
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
A goal of FCPA Professor has always been to foster a forum for critical analysis and discussion of the Foreign Corrupt Practices Act and related topics.
Bell was a member of the U.S. team involved in the negotiation and drafting of ISO 37001, has been involved in the negotiation and implementation of various ISO standards since the mid-1990s, and has decades of experience advising companies around the world on the evaluation and implementation of compliance systems.