Business Crime Quarterly Autumn 2016

You could be forgiven for thinking that, in the “interesting” political times in which we live, tackling corruption would have fallen to the bottom of most governments’ agendas.

Not so, as the plethora of new laws, regulations and statutory guidance reported on in this edition of Business Crime Quarterly demonstrates. In the UK, it is the criminal facilitation of tax evasion which is being targeted, in the U.S., whistleblowing and corporate self-reporting are being encouraged, while in Australia, the lapsed enquiry into measures to prevent foreign bribery has been revived. Substantial increases in the penalties for bribery have also been proposed in Russia.

As our recent report on corporate criminal liability highlights, governments across the globe are increasingly looking at private companies to self-regulate in this space and are becoming less reluctant to find a corporate body criminally liable for the failure of individuals to toe the line. Strict new requirements have been placed on large organisations in France under Sapin II, a new law obliging companies to take practical measures to prevent corruption by their employees and agents.

As usual, we report on some of the major prosecutions proceeding though the courts.

We also give an overview of the latest report by Transparency International on corruption in 42 countries across Europe and Central Asia, which found that while new legislation may be tackling corruption in private business, few people think that national governments are doing enough to fight corruption in their own back yard.

To access this edition of Business Crime Quarterly, please log on to our Client Knowledge Portal or contact your usual Linklaters’ contact.