header-logo header-logo

27 May 2010 / Nicola Mcleod , Eoin O’Shea , Alex Beal
Issue: 7419 / Categories: Features , Regulatory , Commercial
printer mail-detail

Back to the drawing board?

Eoin O’Shea, Nicola McLeod & Alex Beal say the SFO will have to reconsider penalties for bribery

The Serious Fraud Office (SFO) published guidance entitled, Approach of the Serious Fraud Office to Dealing with Overseas Corruption, on 21 July 2009. The guidance encourages self-reporting of corruption offences by corporate entities. It provides for the possibility of a “global settlement” with the SFO where liability arises in another jurisdiction, and makes plain the SFO’s willingness to negotiate on the subject of penalties. It also makes plain that in the right circumstances (such as self-reporting and co-operation with the SFO’s investigation, as well as a commitment to reform of corporate practices and procedures) the SFO would recommend that only civil penalties be imposed (pursuant to its powers under Pt 5 of the Proceeds of Crime Act).

On the other hand, the guidance makes clear that, in the absence of cooperation and self-reporting, companies paying bribes should not expect leniency. The chances of a criminal prosecution are increased. The guidance also implies that any individual benefitting personally from corporate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll