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Glencore Pleads Guilty In The U.K.

By on June 22, 2022 in 2022 Enforcement Action, Glencore, Nigeria, Serious Fraud Office, SFO, United Kingdom
glencore

In connection with the May Foreign Corrupt Practices Act enforcement action against Glencore, the U.K. Serious Fraud Office also announced that a Glencore entity was charged with seven counts of bribery in connection with its oil operations.

Yesterday, the SFO announced that:

“Glencore Energy (UK) Ltd has … been convicted on all charges of bribery brought against it by the Serious Fraud Office (SFO).  At Southwark Crown Court, the company admitted to multiple counts of paying bribes to secure access to oil and generate illicit profit. The SFO’s investigation exposed that Glencore, via its employees and agents, paid bribes of over $28 million for preferential access to oil, including increased cargoes, valuable grades of oil and preferable dates of delivery.  These actions were approved by the company across its oil operations in Nigeria, Cameroon, Ivory Coast, Equatorial Guinea and South Sudan. Glencore will be sentenced on 2nd  and 3rd November his year.”

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FCPA Flash Podcast – A Conversation With Robin Lööf Regarding Ten Years Of The U.K. Bribery Act

By on August 23, 2021 in FCPA Flash, U.K. Bribery Act, United Kingdom
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 Robin Lööf (a barrister practicing at Fountain Court Chambers in London) regarding ten years of the U.K. Bribery Act. During the podcast, Lööf discusses the following topics: what is known and what is unknown after ten years of the Bribery Act; the impact of DPAs on Bribery Act enforcement including individual enforcement actions; and the long time periods often associated with Bribery Act enforcement.

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Key Issues And Questions Arising From The UK Deferred Prosecution Agreement With Amec Foster Wheeler Energy

By on July 15, 2021 in Amec Foster Wheeler, Guest Posts, John Wood Group, Serious Fraud Office, SFO, Successor Liability, United Kingdom
WoodFoster

Previous posts here, here, here, here, and here focused on various aspects of the recent U.S. and U.K. enforcement action against Amec Foster Wheeler / John Wood Group.

This guest post by London-based Debevoise attorneys Karolos Seeger, Aisling Cowell, Thomas Jenkins, and Andrew Lee highlights key issues and questions arising from the UK DPA Amec Foster Wheeler Energy Limited (“AFWEL”).

Prosecution of individuals. All of the AFWEL DPA documents contain introductory wording stating that the Court made no findings of fact or assessment of the culpability of any individuals who may have been involved in the company’s wrongdoing. This is the first time a SFO DPA has included this, or equivalent, wording. This statement is likely due to the SFO’s failure to secure the convictions of any individuals who have been prosecuted in connection with previous DPAs, and is therefore intended to avoid prejudicing the position of those who may be prosecuted following the AFWEL DPA. Edis LJ noted documents indicating that senior employees and directors of AFWEL had engaged in corrupt activities, and that SFO decisions about whether to charge them would be made within three months.

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Amec Foster Wheeler / Wood Group – In The Words Of Lord Justice Edis

By on July 6, 2021 in 2021 Enforcement Actions, Amec Foster Wheeler, Deferred Prosecution Agreements, John Wood Group, Judicial Role in Deferred Prosecution Agreements, Merger Issues, Serious Fraud Office, SFO, United Kingdom, Voluntary Disclosure
Edis

If a country is to have a deferred prosecution agreement regime, the approach of the United Kingdom is far more preferable than the approach of the United States.

In the U.K. (unlike the U.S.), the judiciary is actively involved in the DPA process and the public is offered insight into the reasoning of the judge in approving the DPA (which often includes facts and information not mentioned in the resolution documents authored by the prosecutors).

Simply put, it is refreshing to hear from someone other than the prosecutors and this posts summarizes the judgment and reasoning of Lord Justice Andrew Edis in the recent U.K. portion of the enforcement action against Amec Foster Wheeler / John Wood Group. (see here for the prior post).

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