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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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Friday Roundup

Roundup

Scrutiny alerts and updates, sentenced, asset recovery, to FCPA Inc., across the pond, quotable and for the reading stack.

It’s all here in the Friday roundup.

Scrutiny Alerts and Updates

Grupo Televisa

This Wall Street Journal article concerns Grupo Televisa SAB, a Mexican broadcaster with shares traded on the NYSE. According to the article:

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The U.K.’s Second DPA Is Much Different Than Its First

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Deferred prosecution agreements (not to mention non-prosecution agreements) are problematic across various points on a spectrum.

As U.S. use of such agreements has demonstrated (see here), alternative resolution agreements allow egregious instances of corporate conduct to be resolved too lightly without adequate sanctions and without achieving maximum deterrence (“under prosecution”) while at the same time, because of the “carrots” and “sticks” relevant to resolving corporate criminal liability, facilitate the “over-prosecution” of business conduct in instances in which it is an open question whether a legal violation actually occurred.

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