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An In-Depth Look At The U.K. Prosecution Of Airbus

airbus

These pages have long asserted that if a country is to have a deferred prosecution regime that the regime in the United Kingdom (which requires meaningful judicial review and approval) is far more preferable than the U.S. regime.

This is apparent when reviewing the Statement of Facts,, Deferred Prosecution Agreement and Approved Judgment relevant to the U.K. Serious Fraud Office prosecution of Airbus. (See here for a collection of the U.K. documents and see here for the prior post regarding the U.S. enforcement action). The U.K. documents provided a substantially more thorough and transparent glimpse into the underlying conduct compared to the U.S. resolution documents.

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Lisa Osofsky (Director Of U.K. Serious Fraud Office) Speaks On A Variety Of Topics

osofsky

U.S. enforcement officials are not the only ones who speak at FCPA conferences hosted by for-profit conference firms. (See here). “Foreign officials” do as well.

So let’s see, the conference firms are “domestic concerns” under the FCPA, a speaking slot is a thing of value, the foreign law enforcement official is a “foreign official,” and the thing of value to the foreign official helps drive attendance to the conference firm’s paid event. But, I digress.

Recently, Lisa Osofsky (Director of the U.K. Serious Fraud Office) delivered this speech at an FCPA conference and touched upon the following topics: SFO priorities, international cooperation, corporate cooperation and integrity, and the SFO’s use of technology.

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U.K. – Don’t Get Your Knickers In A Twist Regarding The Bribery Act Review

UK2

As highlighted in this recent roundup, the U.K. House of Lords announced that it “appointed an ad hoc Select Committee to consider and report on the Bribery Act 2010.” The Chairman of the Committee stated: “now is the opportune time for post-legislative scrutiny.”

However, as noted in this article “non-governmental organisations reacted with dismay to the review by the Lords committee, saying that it should not lead to any rolling back of the legislation.” (See also here).

This post encourages those in the U.K. not to get their knickers in a twist. The post provides some historical context about the FCPA- namely that soon after the passage of the FCPA in 1977 the U.S. government undertook various reviews of the FCPA.

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Friday Roundup

Roundup

“Piling on” roundup, from the docket, across the pond, complete lack of perspective, scrutiny alert, say what, and for the reading stack. It’s all here in the Friday roundup.

“Piling On” Roundup

FCPA Professor has provided the most extensive, real time coverage and commentary of the DOJ’s recent so-called “piling on” policy. See prior posts here, here and here.

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Friday Roundup

Roundup

Motion to dismiss filed, guilty plea, role reversal, adequate procedures, for the reading stack, and viewing suggestion. It’s all here in the Friday roundup.

Motion to Dismiss Filed

As highlighted in this prior post, in November 2017 the DOJ announced that Chi Ping Patrick Ho (of Hong Kong, China) and Cheikh Gadio (of Senegal) were criminally charged with conspiring to violate the Foreign Corrupt Practices Act, violating the FCPA, conspiring to commit international money laundering, and committing international money laundering.

Earlier this week, Ho filed this motion to dismiss certain of the FCPA and money laundering charges.

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