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Pressemitteilungen und Co-Publishing

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Co-Publishing weltweit

Articles contributed by DLA Piper UK LLP

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Sentencing guidelines for corporate manslaughter

August 2010 - Fraud and Corporate Crime. Co-Publishing von DLA Piper UK LLP.

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In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.


Procurement bans and the threat to self-reporting

July 2010 - Fraud and Corporate Crime. Co-Publishing von DLA Piper UK LLP.

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The existence of a mandatory exclusion from public procurement on a permanent and Europe-wide basis presents a real threat to the Serious Fraud Office (SFO)’s new culture of self-reporting.

Bribery Act 2010: a guide for in-house lawyers

June 2010 - Fraud and Corporate Crime. Co-Publishing von DLA Piper UK LLP.

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Neil Gerrard (left) and Robert Wardle (right) outline the main features of the new legislation, discuss what changes it will bring and assess whether companies are ready to comply, explaining how legal teams must raise internal awareness

The Bribery Act 2010 (the 2010 Act) is expected to come into force in October, but it is clear that many companies and their in-house legal teams still have a lot of work to do before they are ready to comply with the new law. 


Who’s watching you? Rise of corporate monitoring

May 2010 - Fraud and Corporate Crime. Co-Publishing von DLA Piper UK LLP.

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The new zealous and robust approach adopted by the Serious Fraud Office (SFO) to combat corporate fraud and corruption offences has been increasingly described as the Americanisation of the organisation. The US Department of Justice (DoJ) and Securities and Exchange Commission (SEC) (equivalent to the SFO and Financial Services Authority (FSA) here) have made anti-corruption enforcement history – the biggest of scalps being Siemens who lost out financially to the tune of €2.5bn.

Extradition risks in the spotlight

April 2010 - Fraud and Corporate Crime. Co-Publishing von DLA Piper UK LLP.

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In principle, there can be no argument that someone who commits an offence in one country should be able to avoid justice by fleeing to another. Generally, it is likely to be in the interests of justice for the trial to take place in the country where the crime was committed. Provided that fundamental human rights are guaranteed, that there is a fair trial and that the offence is not motivated by political, racial or other improper considerations, the offender ought to be returned to face justice. Extradition reform over the past 25 years has sought to put such principles into effect, culminating in the Extradition Act 2003 (the 2003 Act).

Asset confiscation: the ultimate penalty?

March 2010 - Fraud and Corporate Crime. Co-Publishing von DLA Piper UK LLP.

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As an increasing number of criminal offences are now covered by the confiscation regime, Caroline Lee (left) and James Moss (right) look at how the legislation has been used and provide guidance for in-house lawyers who may face the consequences

Many jurisdictions have legislation that permits regulators to confiscate assets obtained by those convicted as a result of their criminal conduct. Since being introduced in England and Wales in the late 1980s, the confiscation regime has expanded to cover a wider range of criminal offences. This tool has been given to a large number of prosecutors, who have used it with vigour.

Look before you leap: anti-corruption due diligence in M&A

March 2010 - Fraud and Corporate Crime. Co-Publishing von DLA Piper UK LLP.

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It is a well-established practice that companies carry out merger and acquisition (M&A) due diligence using a suite of questions and documentary information requests aimed at establishing legal, financial and reputational risks. However, as enforcement trends in corruption are a relatively recent phenomenon, proper and thorough anti-corruption due diligence is often overlooked.

Will it be a Happy New Year for your company?

February 2010 - Fraud and Corporate Crime. Co-Publishing von DLA Piper UK LLP.

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The year-end audit process can bring headaches for in-house lawyers. With the financial year for most companies ending on 31 December, the first few months of the New Year bring the deepest scrutiny by external auditors of a company’s transactions and dealings, in addition to year-end procedures being run by internal audit. This increased scrutiny can lead to the discovery of evidence pointing to improper or even illegal conduct by employees or management during the financial year.