Friday Roundup
Scrutiny alert, novice FCPA commentary matters, additional charges, survey says, across the pond, and for the reading stack. It’s all here in the Friday roundup.
Scrutiny Alert
Some companies disclose Foreign Corrupt Practices Act very early and then update the disclosure for years. Other companies have different disclosure practices. Global asset management firm Legg Mason Inc. (a company that has not previously disclosed FCPA scrutiny) recently disclosed:
U.K. – Don’t Get Your Knickers In A Twist Regarding The Bribery Act Review
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.
Friday 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.
FCPA Flash – A Conversation With Camilla de Silva (Joint Head of Bribery And Corruption – U.K. Serious Fraud Office)
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 Camilla de Silva (Joint Head of Bribery and Corruption at the U.K. Serious Fraud Office). During the podcast, de Silva discusses: whether the Bribery Act (including both “hard” and “soft” enforcement) has been successful in achieving its objectives; the SFO’s position on ISO 37001 (it doesn’t have a position); whether the Rolls-Royce enforcement action (see here for a prior post) conflicted with Article 5 of the OECD Convention; and the U.K.’s approach to multi-jurisdictional issues.
See here for a previous FCPA Flash podcast episode with Matthew Wagstaff (Joint Head of Bribery and Corruption at the U.K. Serious Fraud Office).
UK’s First Consideration Of The Bribery Act’s Adequate Procedures Defence
This post was written by Omar Qureshi, Amy Wilkinson and Iskander Fernandez from CMS Cameron McKenna Nabarro Olswang LLP’s Corporate Crime & Investigations Team, who assisted Skansen Interiors Ltd. following charge.
Last month, the UK courts decided the first contested prosecution of a corporate for failing to prevent bribery under section 7 of the Bribery Act 2010. This was the first time that the so-called ‘adequate procedures’ defence was tested in court.