Comment & analysis
The UK’s faltering fight to tackle AML compliance
April 16, 2019, GIR
Recent anti-money laundering prosecution statistics do not sit easily with the UK government’s assertions that it is successfully “cracking down” on economic crime, Eversheds Sutherland partner Zia Ullah and of counsel Ruth Paley say.
South African corruption in the spotlight – how will South Africa's prosecutors climb the mountain ahead of them?
April 02, 2019, GIR
Cameron Dunstan-Smith, corporate crime and investigations director at Herbert Smith Freehills in Johannesburg, considers recent developments in South Africa’s anti-corruption efforts and discusses what obstacles lie ahead for the country’s authorities.
Companies face conflicting expectations when investigating conduct under Israeli jurisdiction
March 26, 2019, GIR
Covington & Burling’s Lanny Breuer, Ben Haley, Noam Kutler and Alyson Sandler explain why the emergence of Israel as an active enforcer poses a dilemma for companies seeking to cooperate in multilateral government investigations.
UK Bribery Act shines while AML supervision struggles
March 21, 2019, GIR
Two separate reports on the Bribery Act 2010 and the Office for Professional Body Anti-Money Laundering Supervision have given contrasting assessments of the performance of two keystones in the fight against financial crime and corruption, Jessica Parker and Nick Barnard at Corker Binning argue.
Unexplained wealth orders: Should Canada adopt the UK’s weapon against money laundering and foreign political corruption?
March 13, 2019, GIR
Canada should strongly consider introducing UWOs to tackle money laundering, but should also be aware of the problems that may arise in adopting the tool, Lincoln Caylor at Bennett Jones in Toronto argues.
UK DPAs turn five
March 05, 2019, GIR
Five years on from the introduction of DPAs in the UK, lawyers speaking to GIR have said how “horrendously difficult” they can be to wrap up and share their thoughts on improving the process.
Hong Kong ruling affirms SFC’s right to share evidence with foreign regulators
February 25, 2019, GIR
Lawyers said the ruling also confirms that individuals and companies have a right against self-incrimination when responding to a notice that compels them to produce information.
Tesco accounting trial collapse highlights urgent need for DPA regime reform
February 21, 2019, GIR
In January, the last of the criminal trials into the 2014 Tesco accounting scandal collapsed. In yet another blow for the SFO, the case has exposed the unjustifiable, irreversible effects of DPAs, placing the prosecutor’s use of the settlement regime under the spotlight. Maria Cronin and Craig Hogg at Peters & Peters in London explore why Carl Rogberg’s acquittal may in fact be the start, rather than the end of the matter for the company.
Caught in the coordination trap – why increased international coordination in enforcement will likely lead to larger settlements
February 18, 2019, GIR
Mark Srere, Mukul Chawla QC and David Père at Bryan Cave Leighton Paisner argue that coordinated enforcement actions could see companies pay more in penalties and explain how to best avoid that scenario.
Tesco document disclosure ruling will make parties “think twice” about cooperating with SFO
February 13, 2019, GIR
A UK judge’s decision to force retailer Tesco to hand over documents in a civil case that it obtained from the SFO in a separate criminal matter may make third parties hesitate before voluntarily disclosing material to the authority, lawyers say.