A Grant Thornton white paper that outlines anti-corruption legislation in Canada, the US and UK. We offer some insight into this legislation and how it could impact your business.
This document discusses high-velocity enforcement of the Foreign Corrupt Practices Act (FCPA) by the Department of Justice and Securities and Exchange Commission from 2002 to 2010. It notes increasing penalties imposed on corporations during this period and analyzes current enforcement trends, including more prosecutions of foreign companies and increased coordination with Latin American countries. The document also examines elements of the FCPA offense, exceptions, and outlines best practices for designing an effective anti-corruption compliance program.
- FCPA enforcement by the DOJ and SEC has increased significantly in recent years, with record penalties imposed on corporations from 2002-2010. The Obama administration has prioritized FCPA prosecutions.
- Key elements of an FCPA violation include payments or gifts to foreign officials to influence actions or gain improper advantages, as well as inaccurate record keeping. Criminal penalties include large fines and jail time.
- Voluntary disclosure of FCPA violations and cooperation can result in reduced penalties, but authorities expect disclosure in nearly all cases now. Thorough due diligence is also important for mergers and acquisitions to avoid successor liability.
Challenges of Conducting Due Diligence Investigations in ChinaCase IQ
Attorney and compliance expert Tom Fox discusses some of the challenges organizations can face when conducting due diligence investigations in China.
Watch the webinar here: http://i-sight.com/webinar-challenges-of-conducting-due-diligence-investigations-in-china/
This document summarizes a strategy session on the Foreign Corrupt Practices Act (FCPA). It outlines the current aggressive enforcement environment from the DOJ and SEC, including increased resources dedicated to investigations and prosecutions. It also reviews recent enforcement trends such as large corporate fines, increased use of undercover operations and industry-wide investigations. Finally, it covers the key legal elements of an FCPA offense under the anti-bribery and accounting provisions.
This document summarizes recent developments regarding enforcement of the Foreign Corrupt Practices Act (FCPA) through increased international cooperation and harmonization of anti-bribery laws. It discusses how enforcement has shifted from a unilateral US approach to a multilateral model through organizations like the OECD and UN. Recent prosecutions have involved cooperation across multiple jurisdictions, and norms against foreign bribery have strengthened through progressive adoption of laws and enforcement actions internationally. Continued enforcement competition and closing of loopholes may further discourage using bribery as a business model.
The new british invasion may jon mar-feature_030512-415-1jonamay
The UK Bribery Act of 2010 subjects any US corporation or individual doing business in the UK to criminal penalties if found guilty of bribery. Unlike the US Foreign Corrupt Practices Act (FCPA), the UK Bribery Act applies to commercial bribery in addition to bribery of foreign officials. As a result, the UK Bribery Act poses a greater threat to US companies than the FCPA, as it can prosecute companies for a wider range of business activities and relationships anywhere in the world. Key differences between the laws include available defenses, such as the UK Bribery Act's defense of having adequate procedures to prevent bribery within an organization.
Brian Dickerson. The Global Impact of the Foreign Corrup Practices 07.06.2013Awara Direct Search
This document summarizes several global anticorruption laws and enforcement trends related to the Foreign Agents Registration Act (FARA), Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and Russia's Countering Corruption Act. It discusses investigations and settlements with companies like Total SA and Microsoft. It also outlines enforcement priorities of the US Department of Justice, including a focus on specific industries and increasing civil and criminal penalties.
This document summarizes a speech given by the Deputy Assistant Attorney General at the U.S. Department of Justice Antitrust Division about the Division's criminal enforcement program against international cartels. Some key points include:
1) The Division has been successful in prosecuting international cartels through increased cooperation with foreign antitrust authorities and imposing record fines and jail sentences.
2) Approximately 50 grand juries are currently investigating suspected international cartels affecting over $10 billion in U.S. commerce across many industries.
3) Fines imposed on cartel activity have increased dramatically since 1997, with 39 fines over $10 million including some over $100 million - the largest being $500 million. Jail sentences
This document discusses high-velocity enforcement of the Foreign Corrupt Practices Act (FCPA) by the Department of Justice and Securities and Exchange Commission from 2002 to 2010. It notes increasing penalties imposed on corporations during this period and analyzes current enforcement trends, including more prosecutions of foreign companies and increased coordination with Latin American countries. The document also examines elements of the FCPA offense, exceptions, and outlines best practices for designing an effective anti-corruption compliance program.
- FCPA enforcement by the DOJ and SEC has increased significantly in recent years, with record penalties imposed on corporations from 2002-2010. The Obama administration has prioritized FCPA prosecutions.
- Key elements of an FCPA violation include payments or gifts to foreign officials to influence actions or gain improper advantages, as well as inaccurate record keeping. Criminal penalties include large fines and jail time.
- Voluntary disclosure of FCPA violations and cooperation can result in reduced penalties, but authorities expect disclosure in nearly all cases now. Thorough due diligence is also important for mergers and acquisitions to avoid successor liability.
Challenges of Conducting Due Diligence Investigations in ChinaCase IQ
Attorney and compliance expert Tom Fox discusses some of the challenges organizations can face when conducting due diligence investigations in China.
Watch the webinar here: http://i-sight.com/webinar-challenges-of-conducting-due-diligence-investigations-in-china/
This document summarizes a strategy session on the Foreign Corrupt Practices Act (FCPA). It outlines the current aggressive enforcement environment from the DOJ and SEC, including increased resources dedicated to investigations and prosecutions. It also reviews recent enforcement trends such as large corporate fines, increased use of undercover operations and industry-wide investigations. Finally, it covers the key legal elements of an FCPA offense under the anti-bribery and accounting provisions.
This document summarizes recent developments regarding enforcement of the Foreign Corrupt Practices Act (FCPA) through increased international cooperation and harmonization of anti-bribery laws. It discusses how enforcement has shifted from a unilateral US approach to a multilateral model through organizations like the OECD and UN. Recent prosecutions have involved cooperation across multiple jurisdictions, and norms against foreign bribery have strengthened through progressive adoption of laws and enforcement actions internationally. Continued enforcement competition and closing of loopholes may further discourage using bribery as a business model.
The new british invasion may jon mar-feature_030512-415-1jonamay
The UK Bribery Act of 2010 subjects any US corporation or individual doing business in the UK to criminal penalties if found guilty of bribery. Unlike the US Foreign Corrupt Practices Act (FCPA), the UK Bribery Act applies to commercial bribery in addition to bribery of foreign officials. As a result, the UK Bribery Act poses a greater threat to US companies than the FCPA, as it can prosecute companies for a wider range of business activities and relationships anywhere in the world. Key differences between the laws include available defenses, such as the UK Bribery Act's defense of having adequate procedures to prevent bribery within an organization.
Brian Dickerson. The Global Impact of the Foreign Corrup Practices 07.06.2013Awara Direct Search
This document summarizes several global anticorruption laws and enforcement trends related to the Foreign Agents Registration Act (FARA), Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and Russia's Countering Corruption Act. It discusses investigations and settlements with companies like Total SA and Microsoft. It also outlines enforcement priorities of the US Department of Justice, including a focus on specific industries and increasing civil and criminal penalties.
This document summarizes a speech given by the Deputy Assistant Attorney General at the U.S. Department of Justice Antitrust Division about the Division's criminal enforcement program against international cartels. Some key points include:
1) The Division has been successful in prosecuting international cartels through increased cooperation with foreign antitrust authorities and imposing record fines and jail sentences.
2) Approximately 50 grand juries are currently investigating suspected international cartels affecting over $10 billion in U.S. commerce across many industries.
3) Fines imposed on cartel activity have increased dramatically since 1997, with 39 fines over $10 million including some over $100 million - the largest being $500 million. Jail sentences
Fcpa And Anti Corruption Task Force Mo Fomofo1234567
This document provides information about Morrison & Foerster's experience conducting Foreign Corrupt Practices Act (FCPA) investigations in Asia. It discusses their team of over 200 attorneys across Asia, including 45 licensed in Japan, 17 in Hong Kong, 17 in England and Wales, and 22 in China. It also notes their experience conducting a wide range of investigations in China, both domestic and with global reach. The firm can support investigations with former prosecutors and enforcement attorneys, as well as forensic accounting experts.
This presentation on the new global law enforement effort against corruption, white collar crime, and anti-trust/anticartel behavior was first presented in London in November 2008. The presenters followed up with a presentation in November of 2009 in St. Louis. Copyright HBS and AG, 2008 and 2009.
The document summarizes the Foreign Corrupt Practices Act (FCPA) of 1977, which makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to obtain or retain business. Violations of the FCPP can result in fines up to $2 million for corporations and $1 million for individuals, as well as imprisonment up to 5 years. Enforcement of the FCPA increased in the 2000s, with the SEC and DOJ bringing numerous cases. Following the FCPA, several other countries adopted similar laws against foreign bribery.
This document discusses the challenges that global companies face in understanding and complying with diverse anti-corruption and anti-money laundering laws around the world. It notes that many countries have enacted tougher anti-corruption standards based on international conventions. However, the laws vary significantly between countries in terms of what behaviors are prohibited, enforcement approaches, and liability standards. The document highlights differences between laws in the US, UK, and Brazil as an example. It emphasizes that companies must closely monitor changes in foreign laws and strengthen compliance programs given increasing international cooperation on corruption investigations.
What the new UK Bribery Act 2010 means for US companiesMatt Stone
The UK Bribery Act 2010 introduces new bribery offenses that apply to any company doing business in the UK. The Act establishes a strict liability offense of failing to prevent bribery by persons associated with a company. This means US companies with UK ties can be prosecuted under UK law for corrupt acts anywhere in the world. Compared to the US Foreign Corrupt Practices Act, the Bribery Act is broader in scope and lacks exemptions for small facilitation payments. To avoid UK criminal liability, US companies must implement adequate anti-bribery procedures for their staff and service providers worldwide.
Effective Use of Sanctions as a Defense against Federal RICO ClaimsMarion Wilson
This document is the spring 2015 issue of the Business Torts & Civil RICO News newsletter published by the American Bar Association Section of Antitrust Law Business Torts & Civil RICO Committee. It contains three articles - a primer on the unsettled legal issues surrounding the extraterritorial application of RICO, a summary of an ongoing case against Uber in California regarding consumer protection laws, and an article about using sanctions defenses against RICO claims. It also includes information about upcoming committee events and leadership.
This article discusses four US laws beyond the Foreign Corrupt Practices Act (FCPA) that can be used to prosecute foreign bribery cases: (1) the Money Laundering Control Act, which makes money laundering a separate offense and allows for heavier penalties than the FCPA; (2) the Travel Act, which prohibits using interstate commerce to support unlawful activities like bribery and enables prosecution of commercial bribery; (3) the mail and wire fraud statutes, which bring otherwise local crimes into federal jurisdiction; and (4) the Racketeer Influenced and Corrupt Organizations Act (RICO), which prohibits using an enterprise to pursue patterns of criminal acts including bribery
In this inaugural publication, we look at the current key antitrust trends, focusing not only on established regions for antitrust such as the EU and the US but also growth regions such as Asia Pacific, Africa and the Middle East – looking at both merger control and antitrust enforcement. We highlight the main merger control risks for businesses contemplating an M&A transaction and consider practical ways of avoiding or minimising those risks. We also shine a spotlight on three sectors that have experienced particular scrutiny from the authorities of late: financial services, information technology and pharmaceuticals.
Cross Border Laws in Business and their Implications Chandandeep Singh
Should Canadian or American multinationals (MNCs) be held accountable in Canada or the USA for the human rights violations that they commit abroad? Why or why not? Still Thinking. Read the document Illustrated with examples.
Special Challenges of Doing Business in RussiaEthisphere
This document discusses the challenges of doing business in Russia. It summarizes recent US sanctions against Russia and their implications. It also discusses Russia's reaction to the sanctions and legal developments in Russia around anti-corruption laws. Recent Foreign Corrupt Practices Act cases involving bribery in Russia by HP and Diebold are also summarized. The document outlines special challenges like corruption, hidden ownership, and use of sham intermediaries when working in Russia.
1. Doing business in Russia presents both opportunities and challenges. The country has a large consumer market and vast natural resources but also high barriers to entry and pervasive corruption.
2. Industries like consumer goods and oil/gas are growing but also protected or restricted. It is best to partner with local companies and be prepared for unique business practices and cultural norms around relationships and communication styles.
3. Successful companies establish close ties with the government and consumers while navigating an evolving regulatory environment. Thorough research is needed before investing in Russia's dynamic market.
This document provides background on anti-corruption efforts over the past 40 years, beginning with the passage of the US Foreign Corrupt Practices Act in 1977. It then discusses the UK Bribery Act passed in 2010 and focuses on analyzing the "adequate procedures" defense provision in the act. The document questions whether failing to define what constitutes "adequate" undermines the validity of the defense and the imposition of liability on corporations. It will explore what standard the defense aims to create and whether allowing such a defense is advisable for a strict liability offense.
India has implemented regulations around money laundering such as FEMA and PMLA, but enforcement remains weak and prosecutions are rare. Rampant corruption has been the main reason for lax enforcement. Recent steps by the current administration include a bill to curb black money and an agreement with the US for greater tax transparency. However, more stringent application of existing laws is still needed. It will take time to establish a robust regulatory environment in India due to challenges such as a large informal economy and porous borders.
TPP - Secret Surrender of Sovereignty - tna - 11-19-12miscott57
Trans-Pacific Partnership negotiations, which subordinate American law to international tribunals, are being conducted in secret — for U.S. citizens and politicians, not corporations.
Recent Developments in fight against corruptionAlphons Ranner
This document summarizes the 4th Corporate Fraud and Corruption Forum held in Amsterdam in November 2011. It discusses definitions of corruption, why fighting corruption is important, data on the costs of corruption, and trends in anti-corruption regulations and enforcement globally and within the European Union. Key developments discussed include increased enforcement of foreign bribery laws in the US and UK, more disclosure requirements for extractive industries, and various new anti-corruption laws and regulations in countries around the world.
IJERD (www.ijerd.com) International Journal of Engineering Research and Devel...IJERD Editor
This document summarizes research on synthesizing an infrared transparent glass according to an ancient Indian text.
1) The glass was created by mixing raw materials in the ratios specified in the text, melting them at 950°C, and slowly cooling the mixture.
2) Characterization found the glass to be non-hygroscopic and transmit infrared light from 2 to 8.33 micrometers, comparable to calcium fluoride glass.
3) X-ray diffraction and differential thermal analysis confirmed the glass was amorphous and non-hygroscopic with a glass transition temperature of around 400°C.
IJERD (www.ijerd.com) International Journal of Engineering Research and Devel...IJERD Editor
1. The document summarizes a study that investigated awareness of renewable energy technology education in Adamawa and Taraba States of northeast Nigeria. A total of 360 questionnaires were administered across 12 local government areas, with respondents aged 18-50.
2. The results revealed that 67% of respondents in both states were unaware of any form of renewable energy. 54% had not shown concern for the environment previously. However, most respondents were willing to learn about and adopt renewable energy technologies.
3. The majority of respondents felt they needed more information about renewable energy, especially through radio and schools. However, over 70% thought the government should take primary responsibility for increasing renewable energy use.
Peace is the ground beneath all struggle.Rhea Myers
This document contains a collection of short quotes and passages on various topics ranging from technology to poverty to competition. Some of the key ideas discussed include the indistinguishability of advanced technology from magic, the persistence of poverty, the importance of networks and connections between nodes, and engaging in fair competition without unlawful practices.
IJERD (www.ijerd.com) International Journal of Engineering Research and Devel...IJERD Editor
This document summarizes a research paper on multimedia data compression using a dynamic dictionary approach combined with steganography. The paper proposes a system that first encrypts a message, then hides the encrypted ciphertext in an image file using steganography. The system embeds bits of the ciphertext in the least significant bits of discrete cosine transform coefficients in the JPEG image. The paper describes OutGuess as an example steganography algorithm that embeds messages along a random path in an image's coefficients while preserving the histogram. It also provides block diagrams of the proposed encoding and decoding algorithms.
Fcpa And Anti Corruption Task Force Mo Fomofo1234567
This document provides information about Morrison & Foerster's experience conducting Foreign Corrupt Practices Act (FCPA) investigations in Asia. It discusses their team of over 200 attorneys across Asia, including 45 licensed in Japan, 17 in Hong Kong, 17 in England and Wales, and 22 in China. It also notes their experience conducting a wide range of investigations in China, both domestic and with global reach. The firm can support investigations with former prosecutors and enforcement attorneys, as well as forensic accounting experts.
This presentation on the new global law enforement effort against corruption, white collar crime, and anti-trust/anticartel behavior was first presented in London in November 2008. The presenters followed up with a presentation in November of 2009 in St. Louis. Copyright HBS and AG, 2008 and 2009.
The document summarizes the Foreign Corrupt Practices Act (FCPA) of 1977, which makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to obtain or retain business. Violations of the FCPP can result in fines up to $2 million for corporations and $1 million for individuals, as well as imprisonment up to 5 years. Enforcement of the FCPA increased in the 2000s, with the SEC and DOJ bringing numerous cases. Following the FCPA, several other countries adopted similar laws against foreign bribery.
This document discusses the challenges that global companies face in understanding and complying with diverse anti-corruption and anti-money laundering laws around the world. It notes that many countries have enacted tougher anti-corruption standards based on international conventions. However, the laws vary significantly between countries in terms of what behaviors are prohibited, enforcement approaches, and liability standards. The document highlights differences between laws in the US, UK, and Brazil as an example. It emphasizes that companies must closely monitor changes in foreign laws and strengthen compliance programs given increasing international cooperation on corruption investigations.
What the new UK Bribery Act 2010 means for US companiesMatt Stone
The UK Bribery Act 2010 introduces new bribery offenses that apply to any company doing business in the UK. The Act establishes a strict liability offense of failing to prevent bribery by persons associated with a company. This means US companies with UK ties can be prosecuted under UK law for corrupt acts anywhere in the world. Compared to the US Foreign Corrupt Practices Act, the Bribery Act is broader in scope and lacks exemptions for small facilitation payments. To avoid UK criminal liability, US companies must implement adequate anti-bribery procedures for their staff and service providers worldwide.
Effective Use of Sanctions as a Defense against Federal RICO ClaimsMarion Wilson
This document is the spring 2015 issue of the Business Torts & Civil RICO News newsletter published by the American Bar Association Section of Antitrust Law Business Torts & Civil RICO Committee. It contains three articles - a primer on the unsettled legal issues surrounding the extraterritorial application of RICO, a summary of an ongoing case against Uber in California regarding consumer protection laws, and an article about using sanctions defenses against RICO claims. It also includes information about upcoming committee events and leadership.
This article discusses four US laws beyond the Foreign Corrupt Practices Act (FCPA) that can be used to prosecute foreign bribery cases: (1) the Money Laundering Control Act, which makes money laundering a separate offense and allows for heavier penalties than the FCPA; (2) the Travel Act, which prohibits using interstate commerce to support unlawful activities like bribery and enables prosecution of commercial bribery; (3) the mail and wire fraud statutes, which bring otherwise local crimes into federal jurisdiction; and (4) the Racketeer Influenced and Corrupt Organizations Act (RICO), which prohibits using an enterprise to pursue patterns of criminal acts including bribery
In this inaugural publication, we look at the current key antitrust trends, focusing not only on established regions for antitrust such as the EU and the US but also growth regions such as Asia Pacific, Africa and the Middle East – looking at both merger control and antitrust enforcement. We highlight the main merger control risks for businesses contemplating an M&A transaction and consider practical ways of avoiding or minimising those risks. We also shine a spotlight on three sectors that have experienced particular scrutiny from the authorities of late: financial services, information technology and pharmaceuticals.
Cross Border Laws in Business and their Implications Chandandeep Singh
Should Canadian or American multinationals (MNCs) be held accountable in Canada or the USA for the human rights violations that they commit abroad? Why or why not? Still Thinking. Read the document Illustrated with examples.
Special Challenges of Doing Business in RussiaEthisphere
This document discusses the challenges of doing business in Russia. It summarizes recent US sanctions against Russia and their implications. It also discusses Russia's reaction to the sanctions and legal developments in Russia around anti-corruption laws. Recent Foreign Corrupt Practices Act cases involving bribery in Russia by HP and Diebold are also summarized. The document outlines special challenges like corruption, hidden ownership, and use of sham intermediaries when working in Russia.
1. Doing business in Russia presents both opportunities and challenges. The country has a large consumer market and vast natural resources but also high barriers to entry and pervasive corruption.
2. Industries like consumer goods and oil/gas are growing but also protected or restricted. It is best to partner with local companies and be prepared for unique business practices and cultural norms around relationships and communication styles.
3. Successful companies establish close ties with the government and consumers while navigating an evolving regulatory environment. Thorough research is needed before investing in Russia's dynamic market.
This document provides background on anti-corruption efforts over the past 40 years, beginning with the passage of the US Foreign Corrupt Practices Act in 1977. It then discusses the UK Bribery Act passed in 2010 and focuses on analyzing the "adequate procedures" defense provision in the act. The document questions whether failing to define what constitutes "adequate" undermines the validity of the defense and the imposition of liability on corporations. It will explore what standard the defense aims to create and whether allowing such a defense is advisable for a strict liability offense.
India has implemented regulations around money laundering such as FEMA and PMLA, but enforcement remains weak and prosecutions are rare. Rampant corruption has been the main reason for lax enforcement. Recent steps by the current administration include a bill to curb black money and an agreement with the US for greater tax transparency. However, more stringent application of existing laws is still needed. It will take time to establish a robust regulatory environment in India due to challenges such as a large informal economy and porous borders.
TPP - Secret Surrender of Sovereignty - tna - 11-19-12miscott57
Trans-Pacific Partnership negotiations, which subordinate American law to international tribunals, are being conducted in secret — for U.S. citizens and politicians, not corporations.
Recent Developments in fight against corruptionAlphons Ranner
This document summarizes the 4th Corporate Fraud and Corruption Forum held in Amsterdam in November 2011. It discusses definitions of corruption, why fighting corruption is important, data on the costs of corruption, and trends in anti-corruption regulations and enforcement globally and within the European Union. Key developments discussed include increased enforcement of foreign bribery laws in the US and UK, more disclosure requirements for extractive industries, and various new anti-corruption laws and regulations in countries around the world.
IJERD (www.ijerd.com) International Journal of Engineering Research and Devel...IJERD Editor
This document summarizes research on synthesizing an infrared transparent glass according to an ancient Indian text.
1) The glass was created by mixing raw materials in the ratios specified in the text, melting them at 950°C, and slowly cooling the mixture.
2) Characterization found the glass to be non-hygroscopic and transmit infrared light from 2 to 8.33 micrometers, comparable to calcium fluoride glass.
3) X-ray diffraction and differential thermal analysis confirmed the glass was amorphous and non-hygroscopic with a glass transition temperature of around 400°C.
IJERD (www.ijerd.com) International Journal of Engineering Research and Devel...IJERD Editor
1. The document summarizes a study that investigated awareness of renewable energy technology education in Adamawa and Taraba States of northeast Nigeria. A total of 360 questionnaires were administered across 12 local government areas, with respondents aged 18-50.
2. The results revealed that 67% of respondents in both states were unaware of any form of renewable energy. 54% had not shown concern for the environment previously. However, most respondents were willing to learn about and adopt renewable energy technologies.
3. The majority of respondents felt they needed more information about renewable energy, especially through radio and schools. However, over 70% thought the government should take primary responsibility for increasing renewable energy use.
Peace is the ground beneath all struggle.Rhea Myers
This document contains a collection of short quotes and passages on various topics ranging from technology to poverty to competition. Some of the key ideas discussed include the indistinguishability of advanced technology from magic, the persistence of poverty, the importance of networks and connections between nodes, and engaging in fair competition without unlawful practices.
IJERD (www.ijerd.com) International Journal of Engineering Research and Devel...IJERD Editor
This document summarizes a research paper on multimedia data compression using a dynamic dictionary approach combined with steganography. The paper proposes a system that first encrypts a message, then hides the encrypted ciphertext in an image file using steganography. The system embeds bits of the ciphertext in the least significant bits of discrete cosine transform coefficients in the JPEG image. The paper describes OutGuess as an example steganography algorithm that embeds messages along a random path in an image's coefficients while preserving the histogram. It also provides block diagrams of the proposed encoding and decoding algorithms.
IJERD (www.ijerd.com) International Journal of Engineering Research and Devel...IJERD Editor
This document analyzes spatial patterns of urbanization in Bangalore, India from 1973 to 2010 using remote sensing data and landscape metrics. Key findings include:
1) The percentage of urban area increased from 1.87% in 1973 to 28.47% in 2010, while vegetation decreased from 62.38% to 36.48% over the same period, indicating rapid urban expansion.
2) Urban growth was compact near the city center but became more dispersed in peripheral regions, showing a gradient of urbanization.
3) Landscape metrics were calculated for concentric zones to understand local spatial dynamics, revealing compact development in the core and sprawl on the outskirts.
4) Metrics like Shannon's entropy
The new british invasion may jon mar-feature_030512-415-1jonamay
The article describes the proscriptions of the UK Bribery Act of 2010 and compares its provisions to the United States Foreign Corrupt Practices Act, arguing that the UK Act potentially criminalizes a broader range of conduct including commercial bribery.
North American countries have implemented anti-corruption laws. Should other areas adopt such practices? What impact would such laws have on business in a region?
Bark & Co solicitors London deferred prosecution agreementsFaline Mcdaniel
The director of the Serious Fraud Office (SFO) and the Solicitor General, Edward Garnier QC, have recently made no secret of the fact that they consider the criminal justice system to be incapable of dealing with corporate prosecutions in a way that refects commercial realities. The blunt impact of a prosecution of a company has the impact of damaging innocent parties including employees, shareholders and creditors. Garnier cited the cautionary example of the ill-effects of prosecution caused to Arthur Andersen, eventually acquitted on charges of obstruction of justice by the US Supreme Court, many years after the allegations had destroyed the company
The director of the Serious Fraud O"ce (SFO) and the Solicitor General, Edward Garnier QC, have recently made no secret of the fact that they consider the criminal justice system to be incapable of dealing with corporate prosecutions in a way that refflects commercial realities. The blunt impact of a prosecution of a company has the impact of damaging innocent parties including employees, shareholders and creditors. Garnier cited the cautionary example of the ill-effects of prosecution caused to Arthur Andersen, eventually acquitted on charges of obstruction of justice by the US Supreme Court, many years after the allegations had destroyed the company. US prosecutors have a tool at their disposal, the deferred prosecution agreement (DPA), which is being touted as a viable alternative to the present options of either prosecution or civil recovery.
The document discusses the history and key aspects of the UK Bribery Act of 2010. It traces the origins of the Act back to the impeachment of Warren Hastings in the late 18th century. The Act established the toughest anti-corruption laws in the world, criminalizing bribery of foreign and domestic officials. It has near universal jurisdiction and harsh penalties like 10 years imprisonment. While there have been few prosecutions so far, the Act has implications for Australian companies with UK ties who may need to comply. Voluntary compliance is recommended as it can be integrated into existing fraud prevention and brings competitive advantages to organizations.
Cross-Border eDiscovery is a hot topic this year. Globalization of businesses and mass mergers and acquisitions has caused an increase in the need for an understanding of how eDiscovery should be handled in other countries. All over the world, courts and local governments have instituted new rules for how parties will engage in discovery related to digital evidence. These new rules have been causing issues between the attorneys required by the US discovery rules to discover digital evidence for their cases and the various governments outside the US and across the world.
While the law in the United States makes it clear that parties to a litigation must preserve documents and electronically stored information, laws in other countries make it equally clear that preserving or collecting that data may violate their data protection laws. In this seminar, you will learn the updates in the local discovery and privacy rules of the top trade partners of the U.S. so that you will be able to handle overseas eDiscovery requirements with greater ease and more knowledge.
Transnational anti-corruption law March 2014_NYU Colloquium (2)Bruno Paschoal
This document provides an introduction and overview of two case studies examining the application of transnational anti-corruption law in Argentina and Brazil. The case studies aim to test the "institutional complementarity theory" which claims that foreign legal institutions can effectively complement local anti-corruption efforts by pursuing actors and assets beyond the reach of local authorities. The first case involves bribery by Siemens AG in Argentina. The second case involves embezzlement in a construction project in Brazil. Both cases involved investigations and legal proceedings in multiple jurisdictions, including efforts to recover corrupt assets held overseas.
A new european tax on financial transactions is set to go globalManfredNolte
A new European financial transaction tax is set to take effect in 2014. The tax is expected to raise approximately $45 billion annually from 11 European countries for uses such as offsetting debt or funding social programs. The tax applies extraterritorially to financial transactions made by non-EU companies and investors, which has led to opposition from the US and UK. Supporters argue the tax will make the financial sector pay its fair share, while critics say it could harm the global economy by shifting financial activity to other regions.
This document discusses trends in FCPA enforcement against companies in the aerospace and defense industry. It provides an overview of the FCPA and UK Bribery Act, noting their broad jurisdiction and enforcement. Recent cases highlighted trends of authorities targeting the use of third parties, executives, and undercover operations. Operating in certain high-risk countries and dealing with state-owned entities also carries risks. The document advises companies in this industry to implement robust compliance programs to mitigate these corruption risks.
The document summarizes a presentation on fraud and corruption given by various speakers. It discusses trends in fraud due to the current financial crisis, including types of financial misrepresentation and data theft being seen. It also covers how the Foreign Corrupt Practices Act affects UK businesses through its anti-bribery provisions and jurisdiction.
Litigation Presentation - Italian Entrepreneurs Conferenceigrande
The document discusses litigation and e-discovery considerations for foreign companies doing business in the US. It provides an overview of the US legal system, noting it has both federal and state laws and courts. Costs are generally not awarded to the winning party. The Sarbanes-Oxley Act increased liability for financial reporting. Managing e-discovery is challenging due to different privacy laws between the US and EU. Transferring personal data from the EU to the US requires additional safeguards due to weaker US privacy protections.
Tackling Financial Crime through Business Process ManagementCognizant
Failure to meet stringent anti-money laundering regulations or allowing suspicious transactions to go undetected can have a severe impact on financial institutions. BPM (Business Process Management) tools allow you to take a holistic approach for preventing financial crime.
German authorities have recently increased enforcement of anti-corruption laws, similar to enforcement levels in other countries. Estimates suggest German companies pay $33 billion in bribes annually abroad. In 2010, German company Daimler settled with US authorities over Foreign Corrupt Practices Act violations. German laws allow fines up to 1 million euros for companies and imprisonment for individuals convicted of corruption. Authorities are also cooperating more internationally, making it difficult for companies to avoid punishment across jurisdictions. As enforcement increases, German companies must strengthen compliance programs and monitoring to mitigate regulatory risks.
THE IMPORTANCE OF COMPLIANCE WITH INTERNATIONAL ANTI BRIBERY LAWS Eric Meijer
"The effects of the UK Bribery Act 2010 and other anti-bribery and corruption legislation are starting to make themselves felt. Purchasers of goods and services are imposing ever more stringent requirements on their suppliers. More and more often suppliers are required to have an Anti-Bribery Management System (“ABMS”) in place. Such a management system requires suppliers to train their personnel regarding bribery and corruption, to have proper procedures in place to prevent bribery and corruption, to undertake a due diligence of their business partners and to monitor and review the effectiveness of an ABMS on a regular basis. Some purchasers also require project specific ABMS’s to be in place to regulate the specific risks of the geographical region in which a project will be carried out. Suppliers that wish to comply with anti-bribery legislation should employ an anti-bribery officer. Unsurprisingly, demand from the market for anti-bribery compliance services is now rising fast”.
The document summarizes the perspective of the U.S. Department of Justice Antitrust Division on the importance of antitrust compliance programs. It describes how the Division's criminal enforcement program has uncovered "brazen" international cartels that involved senior executives colluding to fix prices globally. Effective compliance programs are critical for companies to prevent antitrust violations and position themselves to receive amnesty if a violation occurs. The document outlines characteristics of prosecuted cartels and elements that effective compliance programs should include to detect and prevent such anticompetitive conduct.
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GT Anti-corruption legislation around the world Canada, UK, US
1. A Grant Thornton white paper
Anti-corruption legislation casts a
global net: Don’t get caught because
you don’t know the rules
Audit • Tax • Advisory
www.GrantThornton.ca
Grant Thornton LLP. A Canadian Member of Grant Thornton International Ltd
2. Do you operate in markets or industries
with a high risk of corruption and/or bribery?
Do you know if your internal anti-corruption
policies are sufficient to defend your company
and its senior management from prosecution
under current anti-corruption legislation?
Do you have operations located in the
United States or United Kingdom?
Contents
3 The new global landscape
4 The major players – taking it to the world
6 An anti-corruption program is a global imperative
7 Culture change must accompany policy change
7 Slow response could have rapid repercussions
3. The new global landscape—
it’s critical to know the terrain
The US Foreign Corrupt Practices Act Prior to the UK Bribery Act, the
These are some of the (FCPA) and new UK Bribery Act are FCPA was the global gold standard for
critical questions that both designed to directly and significantly anti-corruption legislation. Aggressive
address bribery and corruption, but investigation and prosecutions have
should be front-of-mind
they are not aimed exclusively at domestic steadily risen, including many non-US
for globally active Canadian companies, making it clear that the fight organizations, their authorized agents and
companies, as countries against corruption transcends national other indirectly culpable entities. The UK
around the world—including borders and has become a global Bribery Act, however, goes even further.
Canada—enact and enforce imperative. Canadian companies are Companies may be at risk simply by not
complex regulations around further challenged by heightened having a corporate anti-corruption
corruption and bribery. enforcement of the Corruption of Foreign program in place.
Public Officials Act (CFPOA). Both The regulators mean business.
From fines and reputational
private and public companies have been— Canadian companies operating in global
damage to jail time for and will continue to be—aggressively markets have been subject to multiple
convicted individuals and targeted by these laws, particularly those foreign laws and are at risk on a number
companies, the consequences doing business in foreign markets where of fronts, which now includes bribery and
of non-compliance are the risk of corruption is high. Sanctions corruption. As this risk landscape
substantial. As a result, for failing to comply with these laws are expands, you need to understand the local
potentially severe, with fines, penalties and international laws relevant to your
Canadian companies must
and jail time all on the table. activities and take steps to identify, avoid
now work to understand the
and respond to unintended complicity.
substance and reach of US
and UK laws as well as our
own legal environment.
3
4. The major players –
taking it to the world
court. This has had the expected
Prosecutions of companies and individuals
impact on US companies, but a more
occur daily and the numbers are increasing.
worrisome trend for the rest of the
world is the consistent targeting and In 2010, the US SEC and the DOJ
pursuit of non-US-based entities. investigated dozens of cases of suspected
Although the international holdings corruption, and prosecutions or settlement
United States and complex structures of multinationals fines totalled US$1.8 billion.
After terrorism, fighting foreign often discourage scrutiny, the United
corruption is the US government’s biggest States is no longer holding back, and Eight of the top 10 largest FCPA corporate
focus. In 2008, Siemens AG plead guilty their approach is successfully breaking defendants of all time involve foreign rather
than US companies.
to violating the FCPA, agreeing to pay down traditional barriers to cross-
a US$450 million penalty and disgorge border prosecutions.5
$350 million in wrongful profits.1 In 2010, guidance document published by the
French-based Alcatel-Lucent2 joined Ministry of Justice6 clearly states that they
the growing number of successfully will also have jurisdiction over offences
prosecuted foreign multinationals, paying committed outside the United Kingdom
US$137 million in fines. A trend is clearly where the person committing these
emerging—enforcement and prosecution offences has a close connection with the
in bribery and corruption cases almost United Kingdom.
doubled from 2009 to 2010,3 and the United Kingdom While the courts will decide how
size of fines increased as well. Of the The Bribery Act, which came into effect the Act applies to non-UK companies,
top 10 penalties incurred since the July 1, 2011, may apply to a Canadian the Serious Fraud Office—the police
FCPA’s inception, eight occurred in the company if it “carries on a business or department responsible for handling
past 24 months, including UK defence part of a business” in the United investigations of this nature—appears
contractor BAE’s settlements of almost Kingdom. The British authorities have to be taking the view that virtually any
US$500 million.4 made it clear that they will vigorously company conducting business in the
The Department of Justice (DOJ), the pursue cases where a UK-based company United Kingdom must be in compliance.
Securities Exchange Commission (SEC) is impacted by bribery, irrespective of The scope of this law actually exceeds
and other authorities are highly focused where in the world the acts or omissions the FCPA in several significant areas.
on developing sophisticated techniques may have been committed. In other First, the UK Bribery Act applies to
and procedures for taking offenders to words, the bribery activity can take place commercial bribery as well as bribery
anywhere in the world and it would of government officials. This means that
1 http://www.justice.gov/opa/pr/2008/December/08- appear that the UK authorities—like their unlike the FCPA or CFPOA—whose
crm-1105.html
2 http://www.fcpablog.com/blog/2010/12/28/alcatel- US counterparts—intend to take an scopes are applicable only to the latter—
lucent-settles-bribery-case.html
aggressive stance on jurisdiction. The prosecution of business-to-business
3 http://www.prnewswire.com/news-releases/aggressive-
fcpa-enforcement-a-dojsec-priority-127995108.html
4 http://blogs.wsj.com/law/2010/02/08/bae-the-latest-to- 5 http://blog.issgovernance.com/esg/2010/02/survey-of- 6 http://www.justice.gov.uk/downloads/legislation/bribery-
pay-the-fcpa-piper/ foreign-corrupt-practices-act.html act-2010-guidance.pdf
4
5. The UK Bribery Act, which came into effect in 2011, is a significant redraft and upgrade of earlier legislation that had been roundly criticized
by the Organisation for Economic Cooperation and Development (OECD). The OECD stated in an October 2008 report that “the continued
failure of the UK to address deficiencies in its laws on bribery of foreign public officials and on corporate liability for foreign bribery has
hindered investigations.”
bribery is fair game. Second, the Act Progress Report 2011: Enforcement of the More recent developments show that
considers “failure to prevent bribery” OECD Anti-Bribery Convention7 reports the enforcement picture is changing in
an offence. This may be its most on this lack of progress in enforcing Canada, and the conviction of Niko
ambitious and far-reaching provision, and the OECD Anti-Bribery Convention Resources Ltd. in June 2011 indicates just
the most controversial, as it suggests that in Canada. Among other criticisms, how much. The company was fined a
if a company with no anti-corruption Canada was chastised for again being total of C$9.5 million and was placed on
measures in place becomes implicated in “the only G7 country in the ‘little to no probation for three years. The Canadian
bribery, the lack of a program may itself enforcement category’” and “the only probation order, however, was based
be a crime. Third, facilitation payments, OECD member that does not provide on a US Department of Justice (DOJ)
which are allowed under the FCPA and nationality jurisdiction, which presents document called a “deferred prosecution
CFPOA, are specifically disallowed under a serious obstacle to enforcement.” On agreement” used in FCPA cases. This
the UK Bribery Act. the positive side, the report found it type of document is an agreement in
Further clarification on how and to “promising that 23 foreign bribery which companies under FCPA scrutiny
whom the Act will be applied comes from investigations are under way” and are granted amnesty in exchange for
• the government’s official guidance suggested that if prosecutions resulted, fulfilling certain corruption compliance
(referenced above), Canada’s international status should rise.8 requirements—also known as a
• the joint prosecution guidance of the Given the United Kingdom’s response “Schedule C.”
director of the Serious Fraud Office to similar criticism, it seems likely that The fact that a Canadian probation
and the director of public prosecutions Canada could react similarly. In fact, the order was based on a set of requirements
who are charged with enforcing the government introduced Bill C-31 in 2009, listed in a US DOJ agreement was a
Act, and which “proposed to amend the CFPOA clear example of the rapidly growing
• the Act’s ongoing application and by clarifying that it applies to Canadian cooperation between governments to
resulting precedents. individuals acting outside of Canada.” prosecute corruption. The terms of the
It also included provisions to apply order may potentially show how the laws
The Act focuses on companies registered the CFPOA based on the nationality of different countries are leading to more
in or with offices in the United Kingdom principle, which would allow certain harmonization of global standards for
or that employ UK citizens, but even offences committed outside Canada to compliance in this area. Since the Niko
without direct ties to the United be prosecuted as if they had occurred in conviction, several other enforcement
Kingdom, Canadian businesses with Canada.9 While this Bill died on the order incidents have emerged, including a raid
global presence or aspirations need to paper, growing international pressure on junior mining company Blackfire
understand UK, US and other global makes it likely that these or similar Exploration in Calgary10 and a probe into
anti-corruption legislation and be aware measures will be the next likely legislative the overseas operations of SNC-Lavalin.11
of related emerging issues. step. In the meantime, we are seeing There are, in fact, dozens of known cases
increasing enforcement of the CFPOA’s currently under review by the RCMP,
existing measures. and at least one further prosecution—
Nazir Karigar, who has been charged
with one count of corruption.
Canada 7 Transparency International, Progress Report
Just as the OECD targeted the United 2011: Enforcement of the OECD Anti-Bribery
Convention, http://archive.transparency.org/content/
Kingdom’s lax response to foreign download/61106/978536,
8 Ibid., 6.
corruption, Canada has now been singled 10 http://www.theglobeandmail.com/news/national/rcmp-raid-
9 TI-Canada’s Anti-Corruption Developments Review, http://
out as the worst offender amongst G7 www.transparency.ca/Reports/Reviews/TI-Canada_Anti- calgary-miner-over-bribery-allegations/article2145226/
Corruption_Developments_Review_01-01_2001-Winter.pdf, 11 http://www.theglobeandmail.com/report-on-business/snc-
nations. Transparency International’s p. 6-7. co-operating-with-rcmp-investigation/article2155640/
5
6. An anti-corruption
program is a global imperative
Clearly, the rules have changed in Canada and 3. Develop an effective anti-corruption policy
around the world. Domestic enforcement is on the that considers the prevention, detection
rise and simply doing business, including raising and ramifications of foreign corruption and
capital or debt, in the United States or the United bribery. It must be reflected in all aspects of
Kingdom may subject you to the provisions in their your operations, with controls focused on
respective corruption acts. International enforcement high-risk areas. This is a crucial measure.
legislation is broad, diverse and has teeth, which Remember, having adequate procedures in
means that Canadian companies need to take place to prevent bribery could be used as a
corrective action. legal defence should anyone associated with
There are six steps you can take to help address the company be accused.12
known risks and prepare for even more broad future
global legislation: 4. Ensure that all individuals and entities acting
on your behalf overseas are properly trained in
1. Understand the specific risks facing your your anti-corruption policies and procedures.
Also conduct comprehensive background
organization by undertaking a detailed risk
due diligence, not only on individuals, but on
analysis. Identify high- and low-risk areas
overseas acquisitions, joint venture partners and
within the company, pinpoint their locations,
any other entities to ensure they do not pose a
define their activities and review existing anti-
corruption risk.
corruption and related procedures.
2. Be sure you understand the laws to which 5. Design and implement a specific plan to meet
the above challenges and requirements for your
your international operations are subject, as
company’s particular situation.
well as which countries are keen to act on
them. If you operate in countries where the
risk of bribery and corruption is high, or 6. Understand that failing to take action on these
where the legal framework and environment issues results in severe risks for companies and
encourage prosecution, you could be a target their officers/directors.
for investigation.
12 http://www.legislation.gov.uk/ukpga/2010/23/section/7
6
7. Culture change Slow response
must accompany could have rapid
policy change repercussions
Companies can actively combat corruption Initial corporate reaction to this new wave of global
anti-corruption legislation has been mixed. Of course,
through controls and policies, internal no company supports, encourages or countenances
any kind of criminal behaviour, but “corruption”
investigations and appropriate penalties, often occupies a middle ground. Many behaviours
but enforcing an organization-wide that have long been accepted—client entertainment
and gifting, for example—are now under scrutiny.
culture change is equally critical. You Certainly in the United Kingdom, some worry that
must implement a zero-tolerance anti- new, more restrictive legislation on what is and is not
acceptable might disadvantage them in relation to
corruption policy while consistently companies operating in largely unregulated regions.
Change is here, however, and it’s in your best
encouraging positive behaviours, interests to see that your organization understands
particularly during difficult economic the landscape. The new legislation is complex,
and understanding the big picture will be
times when corruption often increases. particularly difficult for companies operating in
multiple jurisdictions. For many, an adviser who can
provide an organization-wide program of education,
prevention, detection and investigation will be critical
to their anti-corruption response.
Take charge, before the regulators take action.
An anti-corruption corporate culture requires:
• Top-level commitment, in the form of
– senior management involvement
– a zero-tolerance atmosphere
• Policies and procedures that
– are clear, practicable and fair
– cover gifts, hospitality, expenses and
facilitation payments
• Procedures applied consistently, internally
and externally
7