FCPAméricas Blog

Revisiting U.K. Anti-Corruption Enforcement on the Third Anniversary of the Bribery Act

Author: Guest Author

UKBAThis guest post is from Geoff Martin, an Associate from Baker & McKenzie’s London office currently working with the firm’s Compliance & Investigations Group in Washington, DC.

U.K. Bribery Act came into force in July 2011. At that time, the Act was heralded as a key part of a new global wave of robust anti-corruption legislation with the promise of a marked increase in enforcement.

In the three years that have followed, there has neither been the volume nor the profile of Bribery Act enforcement that some had predicted. Indeed, there has yet to be a single corporate conviction under the Act. The cases that have been brought to-date all involve relatively small-scale domestic bribery by individuals. This is in contrast to the multi-million dollar instances of complex international corruption matters that continue to be the subject of U.S. FCPA enforcement.

There are a number of factors that may help to explain the re...Read more

The OECD Anti-Bribery Convention’s Phase 4 Evaluation: A Proposed Step Forward?

Author: Guest Author

OECD2The following guest post is from Tatiana Petry, a Financial Control Analyst for the Office of the Comptroller General of Brazil. Ms. Petry received her master degree from Georgetown University’s Law Center. The opinions expressed in this post are those of the author in her individual capacity and do not represent the views of the Office of the Comptroller General of Brazil.

How can the Working Group on Bribery (WGB) move the OECD Convention evaluation process forward? As discussed here, the Phase 1 evaluation analyzed local legislation conformity with the Convention. Phase 2 assessed the structures in place to enforce these laws and the ways in which they hey have been applied. And Phase 3 focused on enforcement of the Convention, looking for results, as well as progress made by States Parties with respect to weaknesses identified in the prev...Read more

Brazil’s New Anti-Money Laundering Law, Two Years Later

Author: Guest Author

AMLBrazil2The following guest post is from Davi Tangerino and Filipe Batich. They are, respectively, partner and associate in the Corporate Criminal Law group of Trench, Rossi e Watanabe Advogados in São Paulo, Brazil.

Brazil’s anti-money laundering (AML) legislation was amended in July 2012, incorporating significant changes from the former law (see an earlier post about these changes here). This post highlights some of the main developments in the AML arena since then to gauge, as Brazilians often say, if “the new law has caught on” (has it become fully observed and enforced).

According to the statistics from COAF – Brazil’s Financial Intelligence Unit...Read more