The Singapore High Court recently issued a revised sentencing framework for private sector corruption offences involving agents in Singapore. Singapore’s anti-corruption regime The Prevention of Corruption Act 1960 (PCA) is the primary anti-corruption legislation in Singapore. The main offences can be found stated in sections 5 and 6 of the PCA, which prohibit: Sentencing framework … Continue Reading
As part of an anti-corruption campaign targeting the healthcare sector, the Chinese authorities’ latest measures seek to prohibit the improper collection of prescription and usage data by healthcare professionals (HCPs) and employees of healthcare companies. The regulations cover prescription and usage data in relation to pharmaceutical products, medical devices and medical consumables. Our Asia-Pacific regulatory … Continue Reading
A former professional football player, Delroy Facey, has been convicted and imprisoned for offences under the UK Bribery Act. The BBC reports the conviction and sentence here. If you love sport it’s a sad story. Facey was a decent striker who, at one time, was considered good enough to play for Bolton Wanderers, then in … Continue Reading
In a recent speech, David Green, the Director of the Serious Fraud Office (SFO) stated that the agency would adopt a “sweep” approach, focusing on specific industries, to identify businesses which might be breaking the law. The SFO has made it clear that its anti-bribery investigations are focused on the construction and energy industries. Most … Continue Reading
For the first time, the UK has proposed a specific and detailed sentencing regime for corporations involved in bribery, fraud and other economic crimes. Of course, individual executives who commit crimes of dishonesty can generally expect prison time. Corporates can’t be locked up, but they can be fined and/or have other penalties applied. Up to … Continue Reading
On 23 April 2013, Mr Yang Li was the third individual to be convicted under the UK Bribery Act 2010 after he attempted to bribe his tutor. Mr Li, a student at the University of Bath, offered his tutor £5,000 to amend his dissertation grade, which was 3% short of a pass mark. The tutor … Continue Reading
This post was written by Robert Falkner and Tom Webley. In March 2012, The Financial Services Authority (“FSA”) published the results of its thematic review into the policies and procedures that investment banks have in place to prevent their employees from paying or receiving bribes. Click here for more information on the background to this … Continue Reading
This post was also written by Fionnuala Lynch. Earlier this month, Richard Alderman, Director of the SFO, was speaking at an international symposium on economic crime in Cambridge and made an interesting point which has been picked up by many UK newspapers. He referred to the fact that 20 years ago, it was possible for … Continue Reading
The first person to be charged under the new Bribery Act will be a magistrates court clerk who allegedly accepted £500 for fixing a motoring offence. The Crown Prosecution Service (“CPS”) has decided to prosecute Munir Yakub Patel who faces a charge under Section 2 of the Bribery Act for allegedly requesting and receiving a … Continue Reading
The Financial Services Authority (“FSA”) recently announced its intention to carry out a thematic investigation of the policies and procedures that investment banks have in place to prevent their staff and agents from paying or receiving bribes. Click here for the full speech. This coincides with the coming into force of the Bribery Act 2010 … Continue Reading
This post was written by Simon D. Hart. After months of speculation, and rumoured turf wars within the UK government, it has today been confirmed that the UK’s Serious Fraud Office (“SFO”) will not be broken up and will remain independent of the new National Crime Agency (“NCA”). The SFO will retain both its investigative … Continue Reading
On 30 March 2011, the Serious Fraud Office (SFO) and the Director of Public Prosecutions published their joint guidance for prosecutors (the Guidance) for offences under the UK’s new Bribery Act, which comes into force on 1 July 2011. This coincides with the publication of the final guidance issued by the Department of Justice on … Continue Reading
The waiting is over! At last the UK Ministry of Justice has published guidance about procedures which commercial organisations can put into place to prevent persons associated with them from bribing. The Act will now come into force on 1 July 2011. The guidance offers non-prescriptive procedures and commentary on the scope of the Act. … Continue Reading
This post was also written by Suzie A. Savage. It is understood that the UK Ministry of Justice will publish its guidance on adequate procedures tomorrow, Wednesday 30th March 2011. The Act was originally scheduled to be implemented in April of this year, three months after guidance was to be published in January about the … Continue Reading
This post was also written by Simon Hart. On January 13, 2010, the London Evening Standard reported that Prime Minister David Cameron’s office has ordered a review of the new UK Bribery Act as a result of strong concerns expressed by UK business leaders and others about the potential adverse impact the Act might have on … Continue Reading
This post was written by Simon Hart. Eight weeks and counting. That is the period that the UK’s Ministry of Justice has given for responses to their consultation paper on the guidance which will be published by the Government as to what might constitute “adequate procedures” for companies who might find themselves relying on the … Continue Reading
This post was written by George Brown, Matt Stone, Simon Hart, Sarah Wolff, and Jim Sanders. The Bribery Act 2010 (the “Act”) which recently was passed by Parliament has far-reaching implications for any business which is either registered in the UK or which has any part of its operation in the UK. The breadth and importance … Continue Reading
It is well over a decade since the UK government started a consultation process as to the future form of the law controlling bribery. A Bribery Bill was put to Parliament in 2000 but, as a result of criticism as to its content, the Bill was never enacted. The latest Bribery Bill was introduced to … Continue Reading