Companies and individuals that admit to violating the U.S. Foreign Corrupt Practices Act (FCPA) for acts committed in Thailand risk criminal prosecution in Thai courts. When defendants in FCPA cases seek negotiated resolutions to their charges in the United States, they generally enter into guilty pleas, deferred prosecution deals, or non-prosecution agreements. By doing so, defendants formally admit to a set of facts and illegal conduct. Although the admissions are made as part of an investigation in the United States, they can potentially be used as the basis for a criminal case in Thailand. This legal phenomenon is known as a “carbon copy” prosecution.
The risk of carbon copy prosecutions is significant because the vast majority of FCPA cases are resolved by negotiated resolution. In 2014, the U.S. Department of Justice (DOJ) brought seven FCPA enforcement actions against corporate defendants. Five of these resulted in non-prosecution or deferred prosecution agreements and two ended with plea agreements. The Securities and Exchange Commission, which is the United States’ other FCPA enforcement arm, also brought seven corporate cases in 2014 (some related to the DOJ cases), with all seven resulting in settlements. Since 2009, 50 FCPA cases have been settled by the DOJ.
A federal grand jury has indicted Daniel Barrs for failing to follow anti-money laundering requirements for his role running an Atlanta money transmitting business that processed hundreds of millions of dollars’ worth of financial transactions for entities located around the world.
Partager la publication "Anti-corruption : les progrès et les loupés du projet de loi Sapin II" FacebookTwitterLinkedInE-mail La chasse à la corruption en France ne restera-t-elle pour le gouvernement qu’une posture politique avec pour conséquence un simple toilettage côté entreprises ? Le projet de loi Sapin II et ses mesures anti-corruption, seront discutés au Parlement dans …
80% of board-level executives have identified bribery or corruption in their organisation 59% admit their anti-bribery policy does not work 33% do not conduct anti-bribery due diligence as part of M&A activity Risks from bribery to commercial success
Le scandale des Panama Papers n’épargne pas les dirigeants africains. C’est vrai, seul l’ancien président soudanais al-Mirghani était propriétaire d’une société offshore, Orange Star Corporation, immatriculée aux îles Vierges britanniques en 1995. A sa mort en 2008, ses actifs s’élevaient à 2,72 millions de dollars.
Och-Ziff Capital Management (OZM.N) shares dropped 24 percent to a record low on Tuesday on the possibility that the U.S. hedge fund would have to plead guilty to bribing government officials in Africa.
The U.S. Justice Department is pushing for the largest publicly traded U.S hedge fund to plead guilty, a rare admission for a major financial institution, after a multiyear investigation into international bribery, a person familiar with the matter said.
The Wall Street Journal first reported the settlement talks and said U.S. regulators were seeking a fine of as much as $400 million from Och-Ziff, based on what they believe are profits from the alleged bribery.
The source said a fine of $100 million to $400 million was under discussion.
Partager la publication "Transaction pénale : la loi Sapin II n’a pas dit son dernier mot" FacebookTwitterLinkedInE-mail Voie de dérobade devant la justice pénale, comme l’affirme Anticor, ou garantie que la sanction sera effective, comme le soutient Transparency France ? La transaction pénale, qui permet d’échapper au procès, constituait une mesure phare de l’avant projet de …
When former Citigroup Inc. employee Alejandro Burzaco bought a minority stake in an Argentine sports marketing company in 2005, he learned that his new firm had been bribing soccer officials for years, according to court records unsealed on Monday.
A United Nations-focused news outlet whose U.N. accreditation has come under review after U.S. prosecutors linked it to a scheme to bribe a former General Assembly president is striking back at its critics.
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