‘FOCUS: The Bribery Act, which was enacted exactly five years ago, may not have resulted in any prosecutions but corporate complacency about the UK’s first dedicated anti-bribery law is misguided. The Bribery Act has led to a step-change in anti-bribery compliance standards.’
OUT-LAW.com, 21st April 2015
Source: www.out-law.com
‘Three journalists have been found not guilty of illegally paying public officials by a jury at the Old Bailey.’
BBC News, 17th April 2015
Source: www.bbc.co.uk
‘The former head of the Crown Prosecution Service has said it can be “appropriate” for journalists to pay officials for information and that Operation Elveden had overlooked the public interest.’
The Independent, 18th April 2015
Source: www.independent.co.uk
‘Operation Elveden is a Metropolitan Police Service investigation that revealed the payments made to corrupt public officials by journalists for information. It followed two parliamentary committees and the Leveson Inquiry which revealed serious questions over the techniques used by some which may have amounted to systematic and flagrant breaches of the law. The range and circumstance of this activity was of a scale not previously encountered by police or CPS.’
CPS News Brief, 17th April 2015
Source: http://blog.cps.gov.uk
‘Operation Elveden, the long running investigation into allegations of corruption by tabloid journalists, lies in tatters after the Crown Prosecution Service (CPS) was forced to scrap most of the outstanding cases. ‘
Daily Telegraph, 17th April 2015
Source: www.telegraph.co.uk
‘An ex-News of the World reporter who was found guilty of paying a prison officer for information has had their conviction quashed.’
BBC News, 27th March 2015
Source: www.bbc.co.uk
‘Hot on the heels of the SFO’s first conviction under the Bribery Act 2010, discussed in George’s post, and just as some of us were disappearing for a Christmas break, the SFO announced its first conviction of a company for bribery of foreign public officials after a contested trial. (Regular SFO-watchers will recall that in Mabey & Johnson (2009) and Innospec (2010), both companies pleaded guilty by agreement to offences involving bribery of foreign public officials.) This prosecution was not in fact under the much-trumpeted Bribery Act 2010, but under s1 of the Prevention of Corruption Act 1906.’
RPC Financial Services Blog, 7th January 2015
Source: www.rpc.co.uk
‘Earlier this week three individuals were sentenced at Southwark Crown Court following the first prosecution by the SFO under the Bribery Act 2010. The case hasn’t give us a meaningful judicial interpretation of the Bribery Act, but it does show that the SFO is prepared to use the Act and the case also serves as a further example of the risks of investing through a SIPP into an investment that seems too good to be true.’
RPC Financial Services Blog, 11th December 2014
Source: www.rpc.co.uk
‘A former News of the World journalist has been found guilty of paying a prison officer for details about the life behind bars of Jon Venables, one of the killers of James Bulger.’
The Guardian, 7th November 2014
Source: www.guardian.co.uk
‘The new press regulator’s rules must be simplified if it is to fulfil promises to be fair and independent that were made by the industry after the Leveson inquiry, its chairman said on Sunday.’
The Guardian, 9th November 2014
Source: www.guardian.co.uk
‘Firms operating in England and Wales should be prepared for tougher penalties in cases of fraud, bribery and money laundering now that new sentencing guidelines have come into force, an expert has said.’
OUT-LAW.com, 7th October 2014
Source: www.out-law.com
‘Directors and senior employees will often have wide-ranging managerial power over their companies: the ability to commit or disburse company assets, with significant autonomy and limited detailed oversight. Those in such positions will not always act responsibly, and will be attractive targets to others seeking a share of the potential spoils. In two important judgments from July, the Court of Appeal and Supreme Court significantly increased the remedies available against both bribed fiduciaries and those who bribe them.’
Employment Law Blog, 2nd Ocotber 2014
Source: www.employment11kbw.com
‘Following a period of training and implementation the definitive guideline on fraud, bribery and money laundering offences came into effect on 1 October 2014.’
Versions for the Crown Court and magistrates’ courts
Sentencing Council, 1st October 2014
‘What claim does a principal have where an agent or other fiduciary receives a bribe or secret commission in breach of the duty owed to him? Is the principal confined to a personal claim for equitable compensation from the fiduciary or canhe show that the bribe or commission was held on trust for him? After two centuries of debate in and out of the courts, the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners [2014] UKSC 45 determined that the bribe or commission is held on trust such that the principal does enjoy a proprietary claim.’
New Square Chambers, 14th August 2014
Source: www.newsquarechambers.co.uk
‘A former journalist at the News of the World who admitted listening to more than 1,000 hacked voicemail messages has been spared jail because of what the judge said was his “unique” role in giving the prosecution evidence in the trial of Andy Coulson, Rebekah Brooks and others.’
The Guardian, 24th July 2014
Source: www.guardian.co.uk
Novoship (UK) Ltd and others v Nikitin and others [2014] EWCA 908; [2014] WLR (D) 297
‘The remedy of an account of profits was available against one who dishonestly assisted a fiduciary to breach his fiduciary obligations, even if that breach did not involve a misapplication of trust property.
WLR Daily, 4th July 2014
Source: www.iclr.co.uk
‘Two businessmen and a footballer convicted of plotting to fix the results of football matches have been jailed.’
BBC News, 20th June 2014
Source: www.bbc.co.uk
‘The Sentencing Council has published a new guideline for how people convicted of fraud, money laundering and bribery should be sentenced.’
Sentencing Council, 23rd May 2014
‘Prosecutors will be able to enter into US-style ‘plea bargains’ with corporate offenders from next week, providing an alternative to prosecution in cases of economic crime such as bribery or fraud.’
OUT-LAW.com, 17th February 2014
Source: www.out-law.com
‘Following consultation the Sentencing Council is publishing a new definitive guideline on fraud, bribery and money laundering offences committed by corporate offenders which will come into force on 1 October 2014.’
Sentencing Council, 31st January 2014
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