Government Investigations & White Collar Crime (J)


The Government Investigations & White Collar Crime Specialty Group has been activated in response to extensive interest exhibited by TAGLaw members, especially in the U.S. and particularly since the passage of the Sarbanes Oxley legislation (also known as SARBOX or SOX.)

Meet the Co-chairs - TAGLAW

Hines, Melanie Ann
Berger Singerman LLP

Meet the Co-chairs - TIAG

Hemming Morse, LLP

Government Investigations & White Collar Crime (J)

Due to the importance of the issue of the Corporate Criminal Compliance at both national and international level, Bufete Escura has prepared and article in order to inform about the criminal liability of legal entities which is generating a growing jurisprudential body that develops the legal provisions in this regard, since these are not always sufficient to answer all the questions that arise. Hereby, Bufete Escura analyses the case of transnationality under the frame of Corporate Criminal Compliance.

One of the issues is the case of transnationality is what happens in cases in which the legal entity judged is foreign.

Article 23.1 of the Judiciary Spanish Law (LOPJ) states that "In the criminal order shall correspond to the Spanish jurisdiction the knowledge of the causes for crimes and offenses committed in Spanish territory (...), without prejudice to the provisions of the international treaties in which Spain is a part". In the case of a foreign legal entity that committed a crime in Spain, the judgment of the Supreme Court 583/2017, July 19th, Supremo upheld the conviction that the National Court had previously imposed on a company in Mali that had committed a crime of money laundering in Spain. Actually, this company had been condemned for a crime against public health in the previous judgment of the Supreme Court 154/2016, February 29th.

Read the entire article.

Abstract: Following the major changes introduced in Spain by the Organic Law 1/2015, we consider appropriate to write these short lines about the drafting of Article 31 bis of the Spanish Penal Code, which governs, although in a way not quite complete, the criminal liability of legal persons.

The reform of the Spanish Penal Code given by the Organic Law 1/2015 introduces in Spain, for the first time, a complete "Corporate Compliance" system.

Read more: Corporate Criminal Compliance in Spain

By: Robert J. Higdon Jr.

In April, the Fraud Section of the United States Department of Justice announced several measures designed to enhance its effort to discover and prosecute violations of the Foreign Corrupt Practices Act (FCPA).[1] See, 15 U.S.C. §§ 78dd-1, et. seq. In sum, the FCPA makes it illegal for companies and their supervisors to influence anyone with any personal payment or reward.

Read more: USDOJ Beefs Up FCPA Efforts

Contact: Ted Williams; Piper Alderman (New South Wales, Australia)

After broad international and domestic criticism of its efforts, the Australian Government is now showing an appetite for significant reform in the area of foreign bribery. The recent resignation of ASX Chief Executive Elmer Funke Kupper highlights reputational risks arising from allegations of questionable transactions off-shore. With proposed changes to the law the subject of a discussion paper issued by Justice Minister Keenan last week, those risks look set to escalate. Partner, Ted Williams discusses.

Read more: Companies take note - Australia raises its Anti-Bribery Compliance & Enforcement Game

Contact: Audine Bartlett, Senior Associate; Carter Newell (Queensland, Australia) 

As of 1 March 2016, Australia is a step closer to addressing legislative gaps identified by the Organisation for Economic Co-operation and Development (OECD) with respect to Australia’s anti-bribery obligations under international law.

The OECD has previously noted that Australia’s existing laws either do not apply in a wide enough range of circumstances to properly criminalise false accounting in the context of paying bribes, or do not apply adequate sanctions.

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