On 16 July 2014 the Supreme Court delivered a much anticipated judgment on whether a principal has a proprietary claim to a bribe or secret commission paid to its agent. Charles Thomson and Andrew Keltie of Baker & McKenzie examine the facts, rationale and implications of the decision in FHR European Ventures LLP and Ors v. Cedar Capital Partners LLP.
The latest European Commission annual report on European Union (EU) anti-fraud measures has highlighted concerns that member states may be doing far too little to detect EU-related financial crime.
Tunnel construction workers whose retirement funds were plundered of millions of dollars told a New York court they were having to work in their late 60s and 70s. David Zweighaft reports on how forensic accountants helped federal prosecutors identify the stolen assets and provides practical tips on case management.
Transparency International (TI) has issued a free, detailed guide to countering small bribes after research by the anti-corruption organisation found one-in-four people globally paid a bribe in a recent 12-month period.
International property and infrastructure services group Sweett says it has been cooperating with the UK’s Serious Fraud Office (SFO) after the agency confirmed it is investigating bribery allegations involving the company’s past operations in the United Arab Emirates and elsewhere.
Unlike the leniency policy available to the Competition and Markets Authority (CMA) – which encourages cooperation between an errant company and employee – the combination of Deferred Prosecution Agreements and agreements for cooperating defendants risks creating opposing interests, argues Neil Swift of Peters & Peters.
Serious political unrest and armed conflict are valid excuses for inattention to intellectual property rights in parts of the Middle East and North Africa, but across the region the record is less than encouraging for businesses with brands and other intangible interests to defend. Paul Cochrane reports from Beirut.
If the European Parliament’s proposals to tackle organised and economic crime are bold, practitioners believe the prospects of success are mixed. Robert Stokes and Carmen Paun report.
Chinese authorities are moving to limit public access to data on local companies and their ownership even as President Xi Jinping pursues his anti-corruption drive. Mark Godfrey in Beijing reports on the new, tougher operating environment for investigators.
An English freezing order may be sought with worldwide coverage of a fraudster’s assets but those are subject to definition. Jeremy Andrews, Sarah McMurray, Oliver Felton and Maria Scott of DLA Piper explore terms and application of the most potent form of ancillary relief.
Customers come first - unless fraud is suspected - writes Scott Zoldi of FICO, and the race is on to refine automatic checks on their spending to better pinpoint the truly dishonest.
Which encryption algorithms will protect your sensitive information during processing and transit? What authentication mechanisms will a cloud provider offer? Lee Campbell presents some methods and controls to protect information stored as well as transferred in and out of the cloud.
The US government has extended by a month the deadline for some programmes under which Swiss banks could signal their intent to strike agreements with the US Department of Justice (DoJ) to avoid prosecution over concealment of the taxable assets of US citizens.
Companies may be experiencing compliance fatigue, six years after the financial crisis, as they struggle to meet increased regulatory demands, EY warns in its 13th Global Fraud Survey