Practice Areas: Government, Regulatory & Criminal Investigations

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Vivian Robinson Speaks on UK Bribery Act at British Business Round Table (12/7/2011)

Video: McGuireWoods Analyzes UK Bribery Act (9/16/2011)

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International Fraud/Anticorruption

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 former in-house chief compliance officer, 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.

Representative Experience

• Representation of a major industrial Fortune 500 client, with operations across dozens of businesses around the world, in conducting a complete redesign and redeployment of its ethics and compliance system, including conducting extensive compliance-related auditing at operations on six continents.
• 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.
• Provided regular FCPA-related M&A due diligence reviews for a Fortune 500 client.
• 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 programme.
• Conducted an internal investigation of a Fortune 500 company regarding compliance with the FCPA, covering company operations around the world.
• Conducted an internal investigation of a major telecommunications company facing charges of making gifts to state officials.
• 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.
• Conducted an internal investigation of a manufacturer regarding allegations of kickbacks.
• Advising clients on UK Bribery Act compliance, including policy drafting, updates, risk assessment, training and monitoring.
• Acting for two major mobile phone companies in $2bn fraud in a multijurisdictional asset tracing and recovery action, including obtaining freezing orders and attachment orders in many countries.
• 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.
• 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.
• Defence of an individual in relation to high profile multijurisdictional claims for fraud and forgery made by a Middle Eastern royal for $250m, 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.