dcsimg UK Bribery Act, International Fraud, Anticorruption and Compliance

UK Bribery Act, International Fraud, Anticorruption and Compliance

The U.K. recently launched a new Bribery Act in response to heavy criticism at home and abroad for its dated approach to global anticorruption. Prosecutions for violations are imminent, and many global companies may very well be at risk. The Bribery Act, which came into force on July 1, 2011, has made failure to prevent an actionable offense. If it can be proven that anyone – employee, agent or subsidiary – affiliated with a company doing any business in the U.K. has been involved in corruption on behalf of the company, then the company can be held accountable.

The London-based McGuireWoods anticorruption team has advised clients on U.K. Bribery Act compliance, including policy drafting, updates, risk assessment, training and monitoring. Having closely monitored the Bribery Act since its inception, the team has supported a series of seminars, webinars and client presentations focusing on the Bribery Act, as well as provided an ongoing, well-subscribed-to blog – briberylibrary.com.

Moreover, Barrister Vivian Robinson Q.C., formerly first general counsel to the Serious Fraud Office (SFO), is a member of the international team at McGuireWoods and a partner in the firm’s Government, Regulatory and Criminal Investigations Department. Widely regarded as the SFO’s leading authority on the U.K. Bribery Act 2010, Mr. Robinson has led the development of the SFO’s enforcement policy under the Bribery Act. He has also served as the SFO’s primary liaison to the public and the business community, alerting them to the Bribery Act’s requirements at conferences from London and New York to Brazil, Brussels, Switzerland and Germany. Based in London, but working internationally, Mr. Robinson’s role includes not only advice to the firm’s clients on the impact of the U.K. Bribery Act, but also on white collar crime matters involving global fraud and corruption. His depth of experience in white collar crimes and investigations, and his considerable contacts within government and the business sector, strengthen the firm’s transatlantic expertise.

The UK government is not alone in its increased focus on anticorruption. The Obama Administration has made it a priority to crack down on corruption, and in the last year, there has been an unprecedented rise in the number, severity and scope of FCPA enforcement actions by the U.S. government.

McGuireWoods has extensive experience advising company management on issues related to ethics and compliance, including interpreting government ethics legislation and advising clients on complying with those laws. We also have experience developing and reviewing compliance materials, including corporate codes of conduct, training materials, and charters for implementing compliance efforts within an organisation. Our lawyers include a number of former U.S. federal prosecutors and numerous others with substantial experience developing and implementing effective compliance programmes and evaluating their effectiveness.

When businesses anticipate potential litigation or a government investigation, a prompt, well-focused and thorough investigation is critical. We have broad experience conducting investigations of alleged criminal conduct or regulatory violations, or related to potential litigation. We can get to the bottom of a matter quickly and efficiently, knowing that working cooperatively with internal corporate resources is key.

Boards of directors, shareholders, regulators, and enforcement officials expect companies to respond quickly and effectively to allegations of wrongdoing. Accordingly, we advise clients to conduct internal investigations as soon as there is any credible or substantial evidence of wrongdoing.

Our responsive lawyers guide clients through investigations so that everyone involved can: (1) assess and manage risk; (2) develop appropriate responses to actual or anticipated government initiatives; (3) maximise credibility with regulators and enforcers; (4) minimise regulatory sanctions, protracted civil litigation or criminal prosecution; and (5) minimise disruption to ongoing business activities.

CONTACTS

Adam Greaves Partner T: +44 20 7632 1649
Vivian Robinson QC Partner T: +44 20 7632 1732
Results 1-12 of 12

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Fortune 500 company

Conducted FCPA programme review and audit for a Fortune 500 company covering its businesses in North America, Europe and Asia, including site reviews of operations throughout Eastern and Western Europe.
Representative Matter

Fortune 500 company

Provided regular FCPA-related M&A due diligence reviews for a Fortune 500 client.
Representative Matter

Fortune 500 company

Conducted an internal investigation of a Fortune 500 company regarding compliance with the FCPA, covering company operations around the world.
Representative Matter

Major telecommunications company

Conducted an internal investigation of a major telecommunications company facing charges of making gifts to state officials.
Representative Matter

Manufacturer

Conducted an internal investigation of a manufacturer regarding allegations of kickbacks.
Representative Matter

Various clients

Advising clients on UK Bribery Act compliance, including policy drafting, updates, risk assessment, training and monitoring.
Representative Matter

FTSE 100 construction company

Acting for a FTSE 100 construction company in a very large public corruption investigation, including liaising with the police, conducting an internal investigation and dealing with the media and associated civil claims.
Representative Matter

Individual in high profile multi-jurisdictional claims

Defence of an individual in relation to high profile multi-jurisdictional claims for fraud and forgery made by a Middle Eastern royal for $250,000,000, including liaising with the client’s criminal lawyers, bringing claims against the media for libel, advising on the effects of a worldwide freezing order, and seeking variations to the order.
Representative Matter

Major mobile phone companies

Assisted two major mobile phone companies in USD $2 billion fraud defense in a multi-jurisdictional asset tracing and recovery action, including obtaining freezing orders and attachment orders in many countries.
Representative Matter

Client in purchase of several lines business

Provided FCPA-related M&A due diligence review for a client purchasing several lines of business from a Fortune 500 company, including business units subject to the terms of DOJ and SEC settlement agreements related to violations of the UN's Iraq Oil-for-Food program.
Representative Matter

CIS bank

Representation of CIS bank in the recovery of funds loaned to a metal trader through arbitration and litigation, including pursuing the principal shareholder and his advisers and associates for fraud in connection with the security for the loan.
Representative Matter

Fortune 10 company

Conducted a series of FCPA reviews and investigations for a Fortune 10 company regarding its business operations in countries throughout the world, including site reviews of facilities in North and South America. This includes engagement with the DOJ and SEC.
Results 1-12 of 12
Maurice A Bellan Maurice A. Bellan
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 202 857 2400
F: +1 202 828 2981
vCard

T:+1 410 659 4438
F: +1 410 659 4599

William J Boddy William J. Boddy
Associate
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1625
F: +44 20 7632 1638
vCard
Alex J Brackett Alex J. Brackett
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4749
F: +1 804 698 2089
vCard
Adam Greaves Adam Greaves
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1649
F: +44 20 7632 1638
vCard
Hardeep S Nahal Hardeep S. Nahal
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1680
F: +44 20 7632 1638
vCard
Vivian Robinson QC Vivian Robinson QC
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1732
F: +44 20 7632 1638
vCard
Michael L Simes Michael L. Simes
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7013
F: +1 212 715 6260
vCard
Results 1-7 of 7
Speaking Engagement

Compliance with the UK Bribery Act for Private Equity Firms

December 18, 2012
Video Seminar
Speaking Engagement

British Business Round Table

UK Anti-Bribery Act

31 November 2011
Speaking Engagement

Video: McGuireWoods Analyzes UK Bribery Act

September 2011
Speaking Engagement

U.K. Bribery Act

May 20, 2011
Event

UK Bribery Act 2010

October 11-13, 2010
Event

UK Bribery Act 2010

New Compliance Challenges for International Businesses

June 23, 2010
Results 1-7 of 7
Results 1-20 of 22
Show All
Legal Alert

2014 Food Industry Outlook

January 8, 2014
Legal Alert

SEC Comments Bring Commercial Bribery Clearly into FCPA Scope

Subject to Inquiry
December 20, 2013
Legal Alert

The DOJ's Guiding Principles of Enforcement

November 26, 2012
Legal Alert

SEC and DOJ Release Long Awaited FCPA Guidance

November 16, 2012
Article

Deferred Prosecution Agreements in the UK

Compliance & Risk
Volume 1, Issue 3 (2012)
Article

The UK Bribery Act: Implications for Swedish Companies

Juridisk Tidskrift Vid Stockholms Universitet
2011-12 NR 3
Article

Preventing Bribery

Managing Partner
July/August 2011
Legal Alert

UK Bribery Act Now in Effect

July 1, 2011
Legal Alert

Bribery Act 2010

Employment Implications

February 18, 2011
Article

UK Bribery Act 2010

Will you leave your business defenceless?

INFO
July/August 2010
Results 1-20 of 22