Global Investigations Review - The law and practice of international investigations

Comment & analysis

Brazil’s Administrative Council of Economic Defence (CADE)

June 02, 2016, GIR

GIR found a huge discrepancy in what people thought about the quality of due process in CADE cases this year. Some agreed with last year’s criticisms, while others said these were unfair. But in all cases people said little had changed over the past 12 months.

Due process comparison

June 02, 2016, GIR

      Clear Concerns presented at start of investigation? Productive early meetings? Privilege respected? Confidentiality? Lawyers present (and meaningful)?...

UK should think twice on extending corporate criminal liability

UK should think twice on extending corporate criminal liability

May 13, 2016, GIR

Jo Rickards and Johanna Walsh at Kingsley Napley in London argue that the costs of extending Section 7 of the UK Bribery Act will outweigh the benefits.

Piercing the corporate veil: beneficial ownership registers are not the answer

Piercing the corporate veil: beneficial ownership registers are not the answer

May 04, 2016, GIR

There is one clear solution to the problems raised by the Panama Papers, says Stéphane Bonifassi at Lebray & Associés: regardless of privilege, lawyers and accountants should be required to comply with court orders to provide law enforcement and fraud victims with information on their clients’ true corporate structure.

GIR Live London: middle management targeted by new FCA regime

GIR Live London: middle management targeted by new FCA regime

April 29, 2016, GIR

The FCA’s new scheme to hold senior managers to account for financial misconduct will affect the middle management of banks more than senior managers, a former official from the agency says.

Standard Bank DPA: interview transcripts not required

Standard Bank DPA: interview transcripts not required

April 26, 2016, GIR

The court-approved Standard Bank DPA shows that a company can hand over oral summaries of internal investigation interviews and still be considered fully cooperative.

Standard Bank DPA: what’s in a name?

Standard Bank DPA: what’s in a name?

April 22, 2016, GIR

If the SFO continues to name individuals in DPA documents without providing a right of reply, the agency risks costly legal actions, lawyers say.

Tabcorp to walk a cooperation "tightrope" in Cambodia bribery probe

Tabcorp to walk a cooperation "tightrope" in Cambodia bribery probe

March 29, 2016, GIR

The possibility of scrutiny from Australian gambling regulators could dictate Tabcorp's approach to police investigators examining foreign bribery allegations against the company.

Caldwell: Companies do not have to certify their full cooperation

Caldwell: Companies do not have to certify their full cooperation

March 04, 2016, Just Anti-Corruption

Leslie Caldwell, head of the DOJ’s criminal division, has rubbished reports that companies will be required to certify that they have fully disclosed the facts of a case before securing a settlement.

The reach of 20th century UK anti-corruption legislation

The reach of 20th century UK anti-corruption legislation

March 03, 2016, GIR

Matthew Frankland and Gillian Bradbury at Byrne and Partners consider the Court of Appeal’s decision in R v AIL, GH and RH, which examined whether 20th century UK anti-corruption legislation applied to the bribery of foreign public officials

French tax case highlights double jeopardy limitations

French tax case highlights double jeopardy limitations

February 17, 2016, GIR

A tax evasion case against a senior French politician has shown how the country’s double jeopardy protections are applicable only in a narrow range of circumstances, post Airbus.

EU-US Privacy Shield agreement a step in right direction

EU-US Privacy Shield agreement a step in right direction

February 03, 2016, GIR

The European Commission and the US government have agreed to implement a new framework allowing the transfer of EU personal data across the Atlantic. While welcoming the announcement, lawyers say there is still a lot of uncertainty.