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SCOTUS: No Quid Pro Quo Where Gov. Official Merely Arranged the Meeting, the Menu, the Venue, the Seating

The hit Broadway musical Hamilton depicts a backroom dinner meeting between then Congressman James Madison (Virginia) and the titular Secretary of Treasury, during which Madison proposes a “quid pro quo”: Hamilton will convince President George Washington to move the nation’s capital to the Potomac in exchange for Madison providing the congressional votes needed to pass […]

Recent News and Comments Show U.S. and U.K. Authorities’ Efforts to Get the Information Behind the Panama Papers Scandal

The Panama Papers have captured the public’s and the legal community’s attention, with blockbuster disclosures of the offshore dealings of various prominent persons. The investigation so far has been controlled by a team of journalists from various organizations, who have access to a purpose-built database of an estimated 11 million computer files, and have been […]

A Happy New Year for the SFO?

The Serious Fraud Office (“SFO”) will wave goodbye to 2015 with a few triumphs under its belt, but what will 2016 bring for David Green? 2015 was a year of “firsts” for the SFO: Tom Hayes was the first person to be tried for the manipulation of Libor. He was sentenced in August to 14 […]

First DPA in the UK

On Monday, 30 November 2015, the High Court Judge, Lord Justice Leveson handed down the first ever approval of a Deferred Prosecution Agreement (“DPA“) following a three-year investigation conducted by the Serious Fraud Office (“SFO“) after London ICBC Standard Bank admitted failure to prevent bribery under Section 7 of the Bribery Act. The case relates […]

New corporate offence of failure to prevent economic crime?

David Green QC, the Director of the SFO, has been calling for the introduction of a broad corporate criminal offence of “failure to prevent economic crime” over the last year, and it seems his idea is gaining increasing momentum with the Government.  The proposed offence would be modelled on section 7 of the Bribery Act […]

The Attorney-Client Privilege and Corporate Investigations: An Uneasy Mix

In 2013, David Danon filed a False Claims Act suit against the Vanguard Group, alleging that the company had operated an illegal tax shelter and improperly failed to pay taxes and file returns in New York State.  The suit is based on documents Danon obtained while employed as associate counsel for the company, and last month, […]

SFO Name their Larger and More Complex Investigations – Brown Rudnick LLP advise in two thirds of them

It is often highlighted that the SFO are now taking on fewer cases. Rather than viewing this as a failure though, this should perhaps be seen as the realization of Lord Roskill’s intention, more than 25 years ago, that the Office should take on only the largest and more complex cases. The Director has specifically […]

U.S. Supreme Court Asked to Review Eleventh Circuit’s Definition of “Instrumentality” under the FCPA

Late last week, we witnessed an interesting development in the FCPA world when a petition was filed urging the Supreme Court to revisit the Eleventh Circuit’s recent ruling in U.S. v. Esquenazi , a case that upheld the U.S. government’s broad definition of “instrumentality” under the FCPA.   If the Supreme Court grants the petition (and […]

US Role in UK Innospec case highlighted again

Much has been made of the sentences passed by HHJ Goymer at Southwark Crown Court this week in the long-running Innospec case. On the face of it, some of the defendants do appear to have escaped lightly. Paul Jennings, 57, was sentenced to 2 years in prison.  Miltiades Papachristos, 51, was sentenced to 18 months […]

International Anti-Corruption Enforcement: A Latin American Perspective webinar

Latin America — with a population of more than one-half billion, and a 21st-century GDP growth rate higher than that of the US — offers tremendous business opportunities.  But with those opportunities come risks. The US and other countries, including Latin American countries, have made combatting global corruption an enforcement priority.  The result has been […]