A new UK policy establishes a commitment to providing victims of overseas bribery with compensation; however, important questions remain that will impact implementation.
The UK’s Serious Fraud Office (SFO), the Crown...more
6/18/2018
/ Bribery ,
Costa Rica ,
Criminal Proceeds ,
Cross-Border ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Just Compensation ,
Proceeds of Crime Act 2002 (POCA) ,
Restitution ,
Serious Fraud Office (SFO) ,
UK
New director Lisa Osofsky’s cross-border and corporate experience may lead the SFO in a fresh direction.
The announcement that Lisa Osofsky has been appointed as Director of the UK’s Serious Fraud Office (SFO) likely...more
The English Court of Appeal provides further guidance, approving ENRC, on when litigation privilege will not apply to information gathering materials.
The English Court of Appeal (Criminal Division) has ruled that...more
The decision indicates that company counsel should consider early how best to anticipate challenges to privilege claims over investigation materials.
Introduction -
A recent English High Court decision has important...more
The English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of...more
Court denies the US government’s petition for rehearing, despite argument the decision will hinder cross-border investigations and prosecutions.
Key Points:
..Second Circuit bars government’s reliance on testimony...more
The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for...more
Dealmakers’ appetite for transactions involving publicly listed companies remains strong — 2016 saw an increase in deal volume, a trend which continues into 2017. However, deals remain challenging, partly due to limitations...more
The court vacates LIBOR convictions with significant implications for US criminal cases involving cross-border investigations.
Key Points:
..The Fifth Amendment also limits the use a defendant’s statements compelled by...more
Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation. ...more
Corporations should take steps to ensure their internal investigations are not used against them in English litigation.
A recent decision in an English court could have important consequences for internal corporate...more
Proposed changes to corporate criminal offending should cause corporate dealmakers to review the scope of acquisition diligence, particularly in light of the UK Serious Fraud Office’s (SFO’s) increasing use of deferred...more
“Privilege is a fundamental human right guaranteed by the common law, and a principle which is central to the administration of justice. Once a document is subject to privilege, the privilege is absolute: it cannot be...more
ESMA’s new Q&A clarify a number of key points on the MTF, OTF and SI regimes.
On 5 April 2017, ESMA published an updated version of its Q&A document on market structures under MiFID II. The final section has been...more
Fifth Consultation Paper and first Policy Statement issued, with the FCA’s second Policy Statement due in June.
The FCA has just published two further papers on its approach to implementing MiFID II. The first, which is...more
Following a two-year investigation, Tesco PLC has announced that its subsidiary Tesco Stores Limited (Tesco Ltd) had agreed in principle the terms of a Deferred Prosecution Agreement (DPA) with the UK Serious Fraud Office...more
Deferred prosecution agreements (DPAs) became part of the prosecutors’ toolbox in 2014, allowing for settlement instead of bringing a case to trial. Recent statements from the Serious Fraud Office (SFO) indicate an increasing...more