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FCPA Flash – A Conversation With Judy Krieg Regarding The U.K.’s DPA Regime – Is It Really A Better Mousetrap?

FCPA Flash

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Judy Krieg (a U.S. educated lawyer in the U.K. offices of Shepherd and Wedderburn). Krieg recently authored a post titled “UK DPAs – Have We Really Built a Better Mousetrap?” that caught my eye and in the podcast Krieg: discusses the U.K.’s emerging DPA regime; answers the above question; explains why certain recent UK DPAs “have had their accuracy and factual underpinnings questioned;” and opines whether DPAs in the U.K. going forward will be the rule rather than the exception.

FCPA Flash is sponsored by Kroll. Kroll is trusted by companies and compliance officers worldwide to help prevent, detect, and remediate FCPA challenges with scalable, end-to-end compliance solutions: from high-volume third party screening and automated monitoring, to risk-based due diligence, to complex investigations and monitorships.

The U.K.’s DPA With Rolls-Royce Violates OECD Convention Article 5 And Other Observations

observations

Previous posts here and here highlighted the $800 million global resolution of various enforcement actions against Rolls-Royce. As noted in a prior post, the bulk of the $800 million consisted of an approximate $625 million enforcement action by the U.K. Serious Fraud Office that was resolved through a deferred prosecution agreement – only the third DPA executed by the SFO.

This post highlights why the DPA violates Article 5 of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions to which the U.K. is a signatory country. The post also contains additional observations about the U.K. DPA.

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FCPA Flash – A Conversation With Matthew Wagstaff (Joint Head of Bribery and Corruption at the U.K. Serious Fraud Office)

FCPA Flash

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from the written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Matthew Wagstaff, Joint Head of Bribery and Corruption at the U.K. Serious Fraud Office. In the episode, Wagstaff discusses: (i) whether the Bribery Act’s so-called adequate procedures defense has motivated corporates to adopt best practices compliance policies and procedures to a greater extent than prior to the Bribery Act; (ii) the U.K. deferred prosecution agreement regime including a response to criticism that the regime is actually a step backwards in terms of motivating corporate self-reports; and (iii) the meaning of “success” of an anti-corruption law.

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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.

No Comment

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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FCPA Flash – A Conversation With Jonathan Pickworth Regarding The 5th Anniversary Of The U.K. Bribery Act

FCPA Flash

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from the written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Jonathan Pickworth, a lawyer in the London office of White & Case. Pickworth and his colleagues at White & Case recently published a series titled “UK Bribery Act – 5 Lessons in 5 Years.

In the episode, Pickworth discusses various aspects of the Bribery Act including the still lack of clarity regarding the so-called “failure to prevent bribery” offense as well as the “adequate procedures” defense. Pickworth also opines that the U.K.’s recently adopted deferred prosecution agreement regime is a step backwards in terms of motivating corporate self-reports.

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