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
mhines@bergersingerman.com


Meet the Co-chairs - TIAG


Ray, Dan CPA/CFF, CFE
Hemming Morse, LLP
rayd@hemming.com


Government Investigations & White Collar Crime (J)


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.

To read the full article click here, or visit www.carternewell.com.


Contact: Audine Bartlett, Senior Associate

The Senate Economics References Committee’s Inquiry into foreign bribery (Senate Inquiry) has received a range of submissions from industry groups, government departments, law and accounting firms, large resource companies, banks and academics (respondents) on its terms of reference.

To read the full article click here, or visit www.carternewell.com.