Latest Articles

Deputy Attorney General Rod J. Rosenstein announced a revision of the “Yates Memo” concerning credit a company will receive for cooperating with an investigation.   Instead of an “all or nothing” approach, the new policy permits a company to “identify all individuals substantially involved in or responsible for the misconduct at issue.” More about this change can be found at the Anticorruption blog here.…
The U.S. Department of Justice (“DOJ”) has softened its policy known as the “Yates Memo.” That policy required companies to produce all relevant information on individuals involved in misconduct in order to be eligible to receive any cooperation credit with DOJ attorneys. Rather than the prior “all or nothing” approach, the new policy requires the company to “identify all individuals substantially involved in or responsible for the misconduct at issue.” New Policy Incorporated Into Justice…
Many thanks to Dr. Andreas Fillmann and Nina K. Hesse from Squire Sanders’ Frankfurt Office for preparing the following article. Criminal liability in the public sector Generally, bribery and corruption are regulated under the German Criminal Code (Strafgesetzbuch). On hand corruption of public officials is unlawful in circumstances where an individual person offers, promises or grants a public official an advantage for the accomplishment of an act which is contrary to his or her duty…
Many thanks to Martin Mladek and Ivan Chalupa of Squire Sanders’ Prague office for preparing this article. British and US Antibribery Laws Affect Czech Companies Both at Home and Abroad. It could be argued that the Czech Republic is still awaiting its first considerable bribery case. As a result, the battle against corruption in the Czech Republic is still viewed as a more political topic, as opposed to legal, with many managers still refusing to…
Thanks to Paula Galhardo  in Squire Sanders’ Houston office for preparing this post on the new Brazilian Anti-Corruption Law. Boosted by the recent popular manifestation in Brazil against corruption and extreme expenses in preparation for the 2014 World Cup and the 2016 Olympic Games, the Brazilian Senate approved on July 4, 2013 a Bill of Law called “Anti-Corruption Law.”  This law imposes direct civil and administrative liability on legal entities for corruption and bribery acts against…
Special thanks to Squire Sanders Manchester office and particularly trainee solicitor Philip Bonner for preparing the article below. Last week’s publication of Transparency International’s 2013 Global Corruption Barometer sparked a number of headlines in the UK press and no doubt also caused a number of raised eyebrows and furrowed brows. Whilst Transparency International surveyed more than 114,000 respondents in 107 countries, some of the results for the UK were particularly eye-catching and worrying.  A number…
Special thanks to Squire Patton Boggs Manchester office and particularly trainee solicitor Philip Bonner for preparing the article below. If recent press reports are to be believed, in particular those emanating from the Financial Times (“FT”), the British Government is considering whether to relax the current ban on facilitation payments for small and medium-sized enterprises (“SMEs)”.  This as yet unconfirmed review of the Bribery Act 2010, which only came into force on 1 July 2011…
On May 29, 2013, Total S.A. (“Total”), the French oil and gas conglomerate, entered into a three-year deferred prosecution agreement (DPA) with the DOJ and a settlement agreement with the SEC to resolve past violations of the FCPA’s anti-bribery, books and records and internal controls provisions.  As part of the agreements, Total will pay $245.2 million in fines to the DOJ and disgorge $153 million in profits to the SEC.  Total also agreed to the…
The most recent FCPA and anticorruption enforcement developments involving the People’s Republic of China (PRC) are summarized below.  Thanks as always to Squire Sanders Shanghai Office for monitoring these enforcement actions. 1. New law or regulationState level:(1) Criminal Procedural Rules of the People’s Procuratorate On November 20, the Supreme People’s Procuratorate (“SPP”), the highest procuratorial organ of China, released the updated Criminal Procedural Rules of the People’s Procuratorate (“Rules”). According to the Rules, taking a…
The most recent FCPA and anticorruption enforcement developments involving the People’s Republic of China (PRC) are summarized below. Thanks as always to Squire Sanders Shanghai Office for monitoring these enforcement actions. New Law or Regulations State level: (1) Regulations on the Management of Governmental Affairs On July 9, the Chinese Sate Council promulgated the new Regulations on the Management of Governmental Affairs (the “Regulation”), which focuses on major government issues of public concern such as…