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International

Supergrass: UK No.1 non U.S. snitch under U.S. whistleblower reward scheme plus crazy disclaimers…

Bastion of fairness, the UK once famous for its green fields, cricket pitches and tennis courts borne out of the UK's famously inclement weather is becoming famous for grasses of a completely different kind. It may not be cricket to snitch.  But who cares.  When there is the possibility of a lottery win prize pot. The FCA recently rejected the idea of a paid whistleblower program and David Green, SFO Director, has articulated that he is uncomfortable with bounties for whistleblowers. Yet in the 2014 Dodd Frank whistleblower report published on Monday this week the UK is revealed as being No.1 globally for snitches outside the US and just misses being in the top 10 for whistleblowers under the program ahead of over 40 US states. While UK regulators may be uncomfortable with the idea of paying for tips on the basis it isn’t cricket UK citizens have no qualms in shopping others. Instead, they are ...

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Sectors

Richard Bistrong: “Countering Small Bribes.” A Personal Perspective on the Guidance by Transparency International

I bribed foreign officials, I cooperated with international law enforcement,  and I went to prison. So reads the opening line to Richard Bistong's bio from his own blog. Today we are posting a guest article by Richard Bistrong about the importance of cracking down on small bribes or facilitation payments.  They are, in our view, the thin end of the wedge. Richard knows about bribery.  From the front line and that makes his opinion count.  You may not agree with everything Richard says.  But if you are serious about preventing bribery you should listen to what Richard says.  We are honoured that Richard has agreed that we may post this article on our site.  You should add Richard's own blog to your list of daily reads. Richard, over to you: First, whenever I read a paper, book or guidance about “how to pay a bribe,” or  “how to avoid a bribe,” etc., it is always ...

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News & what’s on

Didn’t get a contract because of a bribe & want to sue. We tell you how.

By Stuart McNeil, Partner Pinsent Masons a man who knows his onions... The decision is out in the follow-on damages claim brought by Jalal Bezee Mejel Al-Gaood & Partner against Innospec mentioned in my last post. In a nutshell, in the increasingly litigious environment that is the UK, those who have lost out on a contract as a result of anothers bribery can sue for loss as a result of conspiracy to injure by unlawful means . If a competitor can prove that the bribe was a means of inflicting harm and that it otherwise had a “substantial chance”, in percentage terms, of being awarded the contract, it may be able to sue for that percentage of anticipated profit.  The lost opportunity can be less than 50% and still be “substantial”.   Delivering a 116 page judgment Mr Justice Flaux held that the claim, in this case, failed. For those that cannot face such a long read, you can simply skip to ...

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Bribery Act & Proceeds of Crime

Opinion: If your anti-bribery policy is more than three pages, it probably won’t work

Three years ago Bribery Inc. went mad.  Every law firm, accounting firm and uncle Tom Cobley and all got into the anti bribery business. Many detailed anti-bribery policies were sold, placed on corporate intranets and training given. Three years on and many are reviewing their policies and looking back at how they've been operating for the last three years.  This is a sensible thing to do. Many anti-bribery policies are extensive. They cover in detail the six principles set out by the Ministry of Justice and may even cover the ten hallmarks identified by the US DoJ and SEC.  They may include statements about rolling risk assessments, due diligence lists, annual training and certifications, M&A due diligence, corporate hospitality approvals, supplier due diligence etc. We could go on.  And many policies do. And this is where they go wrong. Because the longer they are the less likely it is anyone will read them or even know where ...

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Your Questions: Answered

Richard Bistrong: Q&A “…it is pretty clear that the current compliance models, while essential, are still not working.”

 An interview with Richard Bistrong.   You must read it. Find out about bribery from the front line from someone who has been there, seen it, done it and got the jumpsuit. Where did you go to school, university etc? First, Barry, I want to thank you for inviting me to thebriberyact.com, and for giving me the opportunity to exchange perspectives with you and your community. I really enjoyed our discourse at the Pinset Masons Regulatory Symposium and I appreciate the chance to continue the dialog. As to education, I went to undergraduate school at the University of Rochester where I received my bachelors in Political Science, cum laude with high honors, which included studies at the Institute for European Studies in Vienna. Immediately thereafter I commenced graduate studies at the University of Virginia, where I received a Masters of Arts in Foreign Affairs in 1987. At the Regulatory Conference, I think we ...

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