CARTEL OFFENCE: THE UK EXPERIENCE Philipp Girardet, SJ Berwin. 44 th FIW Symposium, 11 March v1
|
|
- Leslie Powell
- 5 years ago
- Views:
Transcription
1 CARTEL OFFENCE: THE UK EXPERIENCE Philipp Girardet, SJ Berwin 44 th FIW Symposium, 11 March v1
2 Overview The road to criminalisation in the UK Enforcement in the UK to date Marine Hoses case BA / Virgin case Challenges ahead
3 Criminalisation in the UK Extensive debate ahead of criminalisation A World Class Competition Regime White Paper, July 2001 The Hammond / Penrose Report, Nov 2001 Key considerations Hard core cartels damage the wellbeing of the UK economy Corp. fines under-deter given the low probability of detection Introduce a stronger element of personal responsibility Impact on OFT and DG COMP leniency UK survey suggested that 83% supported criminalisation The experience in the US and Canada Key omission in the debate Common law offence of conspiracy to defraud
4 The statutory cartel offence Section 188 of the Enterprise Act 2002: An individual is guilty of an offence if he dishonestly agrees with one or more other persons to make or implement, or to cause to be made or implemented, arrangements of the following kind relating to at least two undertakings Covers price-fixing, bid-rigging, market sharing and limitation of production and supply OFT and SFO can both investigate and prosecute Applies to conduct from June 2003 onwards
5 The statutory cartel offence Statutory sanctions Up to 5 years imprisonment Unlimited criminal fine Additional sanctions Asset recovery orders for proceeds of crime Director Disqualification Orders Extradition risks Adverse impact on employment prospects
6 Dishonesty Critical issue: what is dishonesty? To encourage juries to impose custodial sentences & to avoid juries having to consider complex economic evidence re effects The test in R v Ghosh [1982] Objective part - Does the jury think what the defendant did was dishonest according to the ordinary standards of reasonable and honest people? If the answer is no, the defendant is not dishonest. Subjective part: Did the defendant realise that reasonable and honest people would regard what he did as dishonest? 7 years, no jury has so far had to consider the matter
7 Dishonesty The notorious man on the Clapham omnibus test
8 53% of people interviewed thought it was not wrong for a carer to persuade a patient to change their will in the carer s favour
9 Recognised challenges Who should be the principal prosecutor? Government s preference was OFT Hammond/Penrose suggested SFO Enterprise Act both OFT / SFO Relationship between civil / criminal investigations All OFT investigations carried out to a criminal standard Hammond/Penrose suggested do criminal cases first Would cause significant delays to civil enforcement Role of leniency Admissions of dishonesty vs witness of fact role Pressure on witnesses to be helpful
10 Lessons learnt (1): Marine Hoses First criminal prosecution and conviction, May 2008 Involved global cartel with UK contracts alone worth 17m US co-prosecution and plea agreement Involved set-off provision for US jail terms UK guilty pleas meant UK hearings limited to sentencing First instance: Sentences in excess of US agreements (eg 3 yrs) Court of Appeal reduced terms to US length not having had the benefit of the kind of argument from counsel to which the court is accustomed Court had considerable misgivings about the case and urged that the sentences are not to be treated as guidance for future cases
11 Lessons learnt: BA / Virgin First prosecution in a contested case Allegations of criminal collusion regarding fuel surcharges for passenger flights between BA and Virgin between August 2004 and September 2005 Allegations of many millions of pounds worth of unlawful costs OFT prosecuted and relied heavily on Virgin for disclosure purposes All four BA defendants entered not guilty pleas in July 2009 Full criminal trial started on 14 April 2010 Trial collapsed four weeks later
12 Lessons learnt: BA / Virgin What happened? Oversight led to non-disclosure of some 70,000 s Some of which had the potential to assist the defence Unrealistic to adjourn & OFT offered no evidence Defendants acquitted OFT said it would review Virgin s immunity grant BA said it would review its earlier civil settlement ( 121m) Key concerns OFT s reliance on leniency applicant for disclosure Reliability of prosecution witnesses? Threat to privilege Settling civil cases early?
13 What s next It is early days for UK criminal enforcement Slow and rocky start but continued commitment More active use of CDOs in civil cases Key issues going forward Separation of investigation and prosecution Role of immunity applicants Dishonesty Development of plea bargaining (cf leniency)
14 Philipp Girardet EU & Competition SJ Berwin LLP
Should Cartel Laws Be Criminalised?
Should Cartel Laws Be Criminalised? First Annual Conference, Competition & Financial Regulation National Law School of India University 30 April 1 May 2012 Andreas Stephan ESRC Centre for Competition Policy
More informationTranscript of a Talk Given to the Institute of Barristers Clerks by John Benstead, Assistant Director of the Serious Fraud Office
Transcript of a Talk Given to the Institute of Barristers Clerks by John Benstead, Assistant Director of the Serious Fraud Office Introduction: Cartels encourage anti-competitive behaviour. Taking action
More informationWorking Party No. 3 on Co-operation and Enforcement
Unclassified DAF/COMP/WP3/WD(2015)25 DAF/COMP/WP3/WD(2015)25 Unclassified Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 02-Oct-2015
More informationAnthony Norton Norton's Inc. Criminalisation of cartel behaviour: Implications for corporates in South Africa
Anthony Norton Norton's Inc Criminalisation of cartel behaviour: Implications for corporates in South Africa Criminalisation of Cartel Behaviour implications for Corporates in South Africa 31 August 2016
More informationComments on DG Competition s Guidance on procedures of the Hearing Officers in proceedings relating to Articles 101 and 102 TFEU *
Comments on DG Competition s Guidance on procedures of the Hearing Officers in proceedings relating to Articles 101 and 102 TFEU * Introduction White & Case welcomes this opportunity to comment on DG Competition
More informationGlobal Forum on Competition
Unclassified DAF/COMP/GF/WD(2016)70 DAF/COMP/GF/WD(2016)70 Unclassified Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 03-Nov-2016 English
More informationGUIDELINES FOR DECIDING WHICH JURISDICTION SHOULD PROSECUTE
ANNEX GUIDELINES FOR DECIDING WHICH JURISDICTION SHOULD PROSECUTE In November 2003 Eurojust organised a seminar to discuss and debate the question of which jurisdiction should prosecute in those cross
More informationSummary of Discussion Points. Presented by the Business and Industry Advisory Committee (BIAC) to the OECD Competition Committee Working Party No.
The Voice of OECD Business Summary of Discussion Points Presented by the Business and Industry Advisory Committee (BIAC) to the OECD Competition Committee Working Party No. 3 Discussion on Public Procurement/
More informationCompetition Day, FNE Chile Professor Richard Whish Wednesday 7 November 2018
Competition Day, FNE Chile Professor Richard Whish Wednesday 7 November 2018 STRUCTURE OF PRESENTATION THE GLOBAL FIGHT AGAINST CARTELS BENEFICIAL HORIZONTAL AGREEMENTS THE 2016 AMENDMENT OF ARTICLE 3(A)
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC CROOK, Stacey Registration No: 199655 PROFESSIONAL CONDUCT COMMITTEE AUGUST 2017 Outcome: Erased with Immediate Suspension This case was heard in parallel with the case of MOLLOY,
More informationI ve Been Charged With an Offence: What Now?
I ve Been Charged With an Offence: What Now? Getting a Lawyer If the police have charged you with a criminal, drug or Youth Criminal Justice offence and you have been given a court date down the road:
More informationUnderstanding the UK Bribery Act 2010: Extraterritorial Reach of the Act
Understanding the UK Bribery Act 2010: Extraterritorial Reach of the Act 12 October 2010 Presented by Patrick Gilfillan, Senior Associate, McGuireWoods London LLP 2 Key Offences Offences of bribing another
More informationCOMMERCE COMMISSION NEW ZEALAND
(«COMMERCE COMMISSION NEW ZEALAND 4 September 2012 Secretariat Commerce Committee Select Committee Office Parliament Buildings Wellington 6011 Dear Sir Commerce Commission submission on the Commerce (Cartels
More informationThe UK Cartel Offence: Lame Duck or Black Mamba?
The UK Cartel Offence: Lame Duck or Black Mamba? by Andreas Stephan ESRC Centre for Competition Policy & Norwich Law School, University of East Anglia CCP Working Paper 08-19 Abstract: A criminal offence
More informationBRIBERY ACT 2010: JOINT PROSECUTION GUIDANCE OF THE DIRECTOR OF THE SERIOUS FRAUD OFFICE AND THE DIRECTOR OF PUBLIC PROSECUTIONS
BRIBERY ACT 2010: JOINT PROSECUTION GUIDANCE OF THE DIRECTOR OF THE SERIOUS FRAUD OFFICE AND THE DIRECTOR OF PUBLIC PROSECUTIONS Contents Introduction The Act in its wider context The legal framework Transitional
More informationFraud, bribery and money laundering: corporate offenders Definitive Guideline DEFINITIVE GUIDELINE
Fraud, bribery and money laundering: corporate offenders Definitive Guideline DEFINITIVE GUIDELINE 2 Fraud, Bribery and Money Laundering: Corporate Offenders Definitive Guideline Applicability of guideline
More informationMinimum Age of Criminal Responsibility (MACR) Comparative Analysis International Profile - Germany
March 2016 Minimum Age of Criminal Responsibility (MACR) Comparative Analysis International Profile - Germany Yanna Papadodimitraki, CYCJ This international profile presents information and evidence on
More informationDIRECTOR OF PUBLIC PROSECUTIONS
DIRECTOR OF PUBLIC PROSECUTIONS INTERIM GUIDELINES ON THE HANDLING OF CASES WHERE THE JURISDICTION TO PROSECUTE IS SHARED WITH PROSECUTING AUTHORITIES OVERSEAS (The Guidelines) INTRODUCTION 1. Investigators
More informationCanadian Competition Law
InfoPAK SM Sponsored by: TOR_H2O:6151602.1 2 Updated May 2011 Provided by the Association of Corporate Counsel 1025 Connecticut Avenue, NW, Suite 200 Washington, DC 20036 USA fax +1 202.293.4107 www.acc.com
More informationThe Prevention of Social Housing Fraud Act 2013 in practice. Lucie Cocker Solicitor Higher Court Advocate Forbes Solicitors
The Prevention of Social Housing Fraud Act 2013 in practice Lucie Cocker Solicitor Higher Court Advocate Forbes Solicitors Introduction The Prevention of Social Housing Fraud Act 2013 ( the Act ) Addresses
More informationBERMUDA CRIMINAL JURISDICTION AND PROCEDURE (DISCLOSURE AND CRIMINAL REFORM ACT 2015) REGULATIONS 2015 BR 89 / 2015
QUO FA T A F U E R N T BERMUDA CRIMINAL JURISDICTION AND PROCEDURE (DISCLOSURE AND CRIMINAL BR 89 / 2015 TABLE OF CONTENTS 1 2 3 4 5 6 7 Citation Amends section 3 Amends section 5 Amends section 7 Amends
More informationTFF Conference Interviewing Fraudsters
TFF Conference 2017 Interviewing Fraudsters Mike Neumann Director ITS Training (UK) Ltd. ITS Training (UK) Ltd 2001-2017 1 Contents Part one What s it all about Part two To follow PACE or not That is the
More informationType of law: CRIMINAL LAW. A 2015 Alberta Guide to the Law TRAFFIC OFFENCES. Student Legal Services of Edmonton
Type of law: CRIMINAL LAW A 2015 Alberta Guide to the Law TRAFFIC OFFENCES Student Legal Services of Edmonton COPYRIGHT & DISCLAIMER GENERAL All information is provided for general knowledge purposes
More informationUnfit through drink or drugs (drive/ attempt to drive) (Revised 2017)
Unfit through drink or drugs (drive/ attempt to drive) (Revised 2017) Road Traffic Act 1988, s.4(1) Effective from: 24 April 2017 Triable only summarily: Maximum: Unlimited fine and/or 6 months Offence
More informationFINAL NOTICE. 1. For the reasons set out in this Final Notice, the Authority hereby takes the following action against Mr Hawkins.
FINAL NOTICE To: Adam Philip Hawkins Address: Individual Reference Number: Prisoner Number: A4285DM HM Prison Highpoint South Stradishall Newmarket CB8 9YG APH01156 Dated: 1 November 2016 ACTION 1. For
More informationGlobal Forum on Competition
Unclassified DAF/COMP/GF(2016)7 DAF/COMP/GF(2016)7 Unclassified Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 21-Nov-2016 English -
More informationYOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW
YOU VE been CHARGED with a CRIME What YOU NEED to KNOW 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation or
More information9:16 PREVENTION OF CORRUPTION ACT
Chapter 9:16 PREVENTION OF CORRUPTION ACT Acts 34/I985, 8/1988 (s. 164), 18/1989 (s. 39), 11/1991 (s. 28), 22/1992 (s. 16), 15/1994, 22/2001, 2/2002, 14/2002. ARRANGEMENT OF SECTIONS PART I PRELIMINARY
More informationSUPREME COURT OF NEWFOUNDLAND AND LABRADOR. PRACTICE DIRECTIVE P.D. (Crim.) No
SUPREME COURT OF NEWFOUNDLAND AND LABRADOR PRACTICE DIRECTIVE P.D. (Crim.) No. 2018-01 RULES AFFECTED: Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador, r. 6, and 9-15 EFFECTIVE
More informationArticle 321 of the IPC extends Articles 318, 319 and 319 ter to the person offering the bribe.
Italy Summary of Italy's corruption laws within both the public and private sector. Reviewed April 2015 PUBLIC OFFICIALS Is there an offence of bribing public officials? There are various sections of the
More informationLaw Reform Commission Issues Paper on Regulatory Enforcement and Corporate Offences
Law Reform Commission Issues Paper on Regulatory Enforcement and Corporate Offences Response of the Competition and Consumer Protection Commission (CCPC) 19 September 2017 TABLE OF CONTENTS Executive Summary...
More informationThe Real Shortcoming of the UK Cartel Offence: A Lack of Public and Political Support
Global Antitrust Review 2014 53 The Real Shortcoming of the UK Cartel Offence: A Lack of Public and Political Support ELÉONORE MAY MICHELS* The UK introduced a cartel offence to strengthen deterrence of
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC MARQUEZ LOPEZ, Daniel Registration No: 260732 PROFESSIONAL CONDUCT COMMITTEE JULY 2018 OUTCOME: Fitness to Practise Impaired. Reprimand Issued Daniel MARQUEZ LOPEZ, a dentist, Grado
More informationCOMPETITION AND ANTITRUST LAW
Doing Business in Canada 1 I: COMPETITION AND ANTITRUST LAW Competition law in Canada is set out in a single federal statute, the Competition Act. Related regulations, guidelines, interpretation bulletins
More informationROAD SAFETY ACT 2006: IMPLEMENTATION OF SECTIONS 20 & 21
Circular No. 2008/03 TITLE ROAD SAFETY ACT 2006: IMPLEMENTATION OF SECTIONS 20 & 21 Issue date 18 August 2008 For more information Contact Robin Edwards or Yvonne Murray Telephone 020 7035 6959 or 020
More informationChapter 8. Criminal Wrongs. Civil and Criminal Law. Classification of Crimes
Chapter 8 Criminal Wrongs Civil and Criminal Law Civil (Tort) Law Spells our the duties that exist between persons or between citizens and their governments, excluding the duty not to commit crimes. In
More informationFOOTBALL AND THE CRIMINAL LAW BRIBERY AND CORRUPTION-A NEW WORLD ORDER
FOOTBALL AND THE CRIMINAL LAW BRIBERY AND CORRUPTION-A NEW WORLD ORDER Football and bribery Bribery and corruption has sadly been part of the game of football for over 100 years. Over the years there are
More informationDomestic Violence, Crime and Victims Bill [HL]
[AS AMENDED IN STANDING COMMITTEE E] CONTENTS PART 1 DOMESTIC VIOLENCE ETC Amendments to Part 4 of the Family Law Act 1996 1 Breach of non-molestation order to be a criminal offence 2 Additional considerations
More informationFIRST CONVICTION FOR CORPORATE MANSLAUGHTER
Page 1 of 7 FIRST CONVICTION FOR CORPORATE MANSLAUGHTER On 15 February 2011, Cotswold Geotechnical (Holdings) Limited became the first company to be convicted of corporate manslaughter under the Corporate
More informationCriminal Procedure (Reform and Modernisation) Bill 2010
Digest No. 1819 Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister,
More informationCartel and Criminal Practice Committee Update. April 25, 2014 Peter C. Alfano III, J. Brady Dugan Oliver Geiss, Diarmuid Ryan
Cartel and Criminal Practice Committee Update April 25, 2014 Peter C. Alfano III, J. Brady Dugan Oliver Geiss, Diarmuid Ryan Agenda 1. U.S. Cartel Enforcement 2. U.S. Private Litigation 3. EU Cartel Enforcement
More informationBERMUDA BRIBERY ACT : 47
QUO FA T A F U E R N T BERMUDA BRIBERY ACT 2016 2016 : 47 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Citation Interpretation Preliminary General bribery offences Offences of bribing another
More informationGuidance on consumer enforcement CAP 1018
Guidance on consumer enforcement CAP 1018 Contents Published by the Civil Aviation Authority, 2016 Civil Aviation Authority, Aviation House, Gatwick Airport South, West Sussex, RH6 0YR. You can copy and
More informationThe Bribery Bill and how it will impact construction companies (when it becomes law)
The Bribery Bill and how it will impact construction companies (when it becomes law) The construction industry received a sharp reminder of how costly corrupt practices can be when 103 construction firms
More informationA Guide to the UK s Bribery Act 2010 Martin Polaine. London Centre of International Law Practice. Anti-corruption Forum, 007/ /02/2015
A Guide to the UK s Bribery Act 2010 Martin Polaine London Centre of International Law Practice Anti-corruption Forum, 007/2015 16/02/2015 This paper is downloadable at: http://www.lcilp.org/anti-corruption-forum/
More informationProtecting Intellectual Property through Private Prosecutions
Protecting Intellectual Property through Private Prosecutions David Northfield, Fieldfisher LLP and Ari Alibhai, QEB Hollis Whiteman chambers This Practice Note summarises the main legal and practical
More informationSlide 2 We will discuss different areas where co operation with the judicial authorities may be important for prosecutors of environmental crime.
Slide 1 There is an increase in environmental law having transboundary implications. This is particularly the case in transfrontier shipment of waste but many pollution offences particularly those involving
More informationCorporate Leniency Policy
Corporate Leniency Policy 1. Preface 1.1 This Policy is prepared and issued by the Competition Commission (hereinafter the Commission ) pursuant to the Competition Act, Act 89 of 1998 (hereinafter the
More informationThe Antitrust Review of the Americas
GlobaL Competition Review Special report The international journal of competition policy and regulation The Antitrust Review of the Americas Published by global competition review in association with 2008
More informationThe Code. for Crown Prosecutors
The Code for Crown Prosecutors January 2013 Introduction 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences
More informationSTUDENT LEGAL SERVICES TRAFFIC OFFENCES A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER
COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING TRAFFIC version: 2009 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is provided for general knowledge purposes only and is
More informationقانون اساءة استخدام الكمبيوتر البريطاني COMPUTER MISUSE ACT 1990 (UK) Commencement 29 August 1990
Section 1 Computer misuse offences قانون اساءة استخدام الكمبيوتر البريطاني COMPUTER MISUSE ACT 1990 (UK) Commencement 29 August 1990 1.(1) A person is guilty of an offence if - (a) he causes a computer
More informationAnti-Fraud, Bribery and Corruption Policy
Anti-Fraud, Bribery and Corruption Policy Anti-Fraud, Bribery and Corruption Policy Version 2 Approved by: Audit and Risk Committee Approved date: 22 May 2017 1.0 Introduction 1.1 Optivo is committed to
More informationTHE MINISTRY OF JUSTICE CONSULTATION ON A NEW ENFORCEMENT TOOL TO DEAL WITH ECONOMIC CRIME COMMITTED BY COMMERCIAL ORGANSATIONS:
RESPONSE OF PINSENT MASONS LLP TO THE MINISTRY OF JUSTICE CONSULTATION ON A NEW ENFORCEMENT TOOL TO DEAL WITH ECONOMIC CRIME COMMITTED BY COMMERCIAL ORGANSATIONS: DEFERRED PROSECUTION AGREEMENTS Introductory
More informationChapter 1. Crime and Justice in the United States
Chapter 1 Crime and Justice in the United States Chapter Objectives After completing this chapter, you should be able to do the following: Describe how the type of crime routinely presented by the media
More informationAntitrust for Trade Association Executives
February 28, 2011 Antitrust for Trade Association Executives GKG Law, P.C. Association Law Educational Series Steven John Fellman 1054 31 st Street, N.W., Suite 200 Washington, D.C. 20007 Telephone: (202)
More informationDIRECTIVE 2014/57/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on criminal sanctions for market abuse (market abuse directive)
12.6.2014 Official Journal of the European Union L 173/179 DIRECTIVE 2014/57/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on criminal sanctions for market abuse (market abuse directive)
More informationTim has been charged with criminal damage to the value of 10,000 at a children s playground
Bail & Pre-Trial Procedures By the end of this unit, you will be able to explain [A01]: What is meant by bail The rules governing the operation of bail within the criminal law What a plea before venue
More informationANTI-BRIBERY & CORRUPTION
ANTI-BRIBERY & CORRUPTION VOLCOM COMPLIANCE MANUAL 1. Introduction... 3 2. Application... 3 3. Oversight and Governance... 3 3.1 Responsible Parties... 3 3.2 Risk Assessment... 4 3.3 Monitoring... 4 4.
More informationBERMUDA REHABILITATION OF OFFENDERS ACT : 6
QUO FA T A F U E R N T BERMUDA REHABILITATION OF OFFENDERS ACT 1977 1977 : 6 TABLE OF CONTENTS 1 3 4 5 6 Entitlement to rehabilitation Sentences that are excluded from rehabilitation Effect of rehabilitation
More informationFCA Mission: Our Approach to Enforcement. March 2018
FCA Mission: Our Approach to Enforcement March 2018 FCA Mission: Our Approach to Enforcement Contents Introduction 5 1 Our role in enforcement 8 2 How we identify harm 9 3 Diagnosing harm through our
More informationWorking Paper No.443. November 2012
Working Paper No.443 November 2012 Sentencing in Criminal Cartel Cases in Ireland: the Duffy Judgment Paul K. Gorecki and Sarah Maxwell Subsequently published in "Sentencing in Criminal Cartel Cases in
More informationFinancial Services and Markets Act 2000
Financial Services and Markets Act 2000 2000 Chapter c.8 ARRANGEMENT OF SECTIONS PART I THE REGULATOR Section 1.The Financial Services Authority. The Authority's general duties 2. The Authority's general
More informationPOLICY AGAINST BRIBERY AND CORRUPTION. Introductory Guidance. This policy has been introduced in response to the Bribery Act 2010 ( the Act )
POLICY AGAINST BRIBERY AND CORRUPTION Introductory Guidance This policy has been introduced in response to the Bribery Act 2010 ( the Act ) The Act creates four key offences:- Active bribery (the offence
More informationThe BRIBERY ACT 2010: Sanctions & Incentives. Roderick Macauley
The BRIBERY ACT 2010: Sanctions & Incentives Roderick Macauley OUTLINE Bribery Act as a legislative model Incentives theory S.7 corporate failure to prevent BA enforcement and incentives Deferred Prosecution
More informationSUPREME COURT OF FLORIDA Before a Referee
IN THE SUPREME COURT OF FLORIDA Before a Referee THE FLORIDA BAR, V. Complainant, JOHN R. FORBES, Case No. 76,451 TFB File No. 91-00030-04B Respondent. REPORT OF THE REFEREE I. SUMMARY OF PROCEEDINGS Pursuant
More informationHEARING PARTLY HEARD IN PRIVATE
HEARING PARTLY HEARD IN PRIVATE The Committee has made a determination in this case that includes some private information. That information has been omitted from the text. ROBERTSON, Harry Gordon Registration
More informationCriminal Liability Hong Kong s Auditors in the Firing Line
Accountants August 2012 Update Criminal Liability Hong Kong s Auditors in the Firing Line On 12 July 2012, the Companies Bill was passed by the Legislative Council marking a significant milestone in the
More informationEthical issues in enforcement Krista Weymouth Senior Associate. 24 February 2015
Ethical issues in enforcement Krista Weymouth Senior Associate 24 February 2015 Overview Model litigant guidelines and professional conduct rules Letters demanding compliance Investigation of complaints
More informationIN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY. STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant )
IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant ) PETITION TO ENTER PLEA OF GUILTY The defendant represents to the Court: 1. My
More informationAggravating factors APPENDIX 2. Summary
APPENDIX 2 Aggravating factors Summary This guideline deals with those factors that may not be specifically identified in the applicable offencebased guideline, but may still be relevant to sentence depending
More informationREGULATORY REFORM (SCOTLAND) BILL [AS AMENDED AT STAGE 2]
REGULATORY REFORM (SCOTLAND) BILL [AS AMENDED AT STAGE 2] REVISED EXPLANATORY NOTES CONTENTS 1. As required under Rule 9.7.8A of the Parliament s Standing Orders, these revised Explanatory Notes are published
More informationBILL C-45: HAS THE SLEEPING GIANT AWAKENED TO BECOME AN EMPLOYER'S WORST NIGHTMARE?
BILL C-45: HAS THE SLEEPING GIANT AWAKENED TO BECOME AN EMPLOYER'S WORST NIGHTMARE? By: Norm Keith * and Anna Abbott ± Bill C-45 (also known as the "Westray Bill") amended the Criminal Code, on March 31,
More informationResponse to the Law Commission Consultation Paper No.185. Reforming Bribery. March 2008
Response to the Law Commission Consultation Paper No.185 Reforming Bribery March 2008 Fraud Advisory Panel Registered office: Chartered Accountants Hall, Moorgate Place, London, EC2P 2BJ Company Limited
More informationWorking Paper No.443. November 2012
Working Paper No.443 November 2012 Sentencing in Criminal Cartel Cases in Ireland: the Duffy Judgment Paul K. Gorecki and Sarah Maxwell Abstract: Despite 33 convictions of individuals and firms for criminal
More informationLouise Muir Wilson. Held the role of a Lecturer and Examiner on the MSc in Forensic Science at King s College.
Louise Muir Wilson Year of Call: 1999 Undertakes solely defence work in the Crown and Appellate courts and has been described as going above and beyond in terms of her preparation, tenacity and representation.
More informationSURVEY OF ANTI-CORRUPTION MEASURES IN THE PUBLIC SECTOR IN OECD COUNTRIES: GERMANY
SURVEY OF ANTI-CORRUPTION MEASURES IN THE PUBLIC SECTOR IN OECD COUNTRIES: GERMANY 1. What anti-corruption mechanisms exist for the public sector in your country? a) Legislation proscribing corrupt activities
More informationA GUIDE. for. to assist with LIAISON AND THE EXCHANGE OF INFORMATION. when there are simultaneous
A GUIDE for THE POLICE THE CROWN PROSECUTION SERVICE LOCAL SAFEGUARDING CHILDREN BOARDS to assist with LIAISON AND THE EXCHANGE OF INFORMATION when there are simultaneous CHAPTER 8 SERIOUS CASE REVIEWS
More informationBusiness Crime & Financial Services
Lewis MacDonald Year of Call: 2014 020 7353 5324 Lewis specializes in criminal, regulatory, professional discipline, tax and public law. He has a particular interest and expertise in cases which span the
More informationAnti-Fraud, Bribery and Corruption Policy and Response Plan
Anti-Fraud, Bribery and Corruption Policy and Response Plan Ref: Finance 2.1 Version: 3.0 Supersedes: Author (inc Job Title): Ratified by: (Name of responsible Committee) 2.1 Anti-Bribery Policy and Procedure
More informationLibya Sanctions FAQ 25 January 2012
Libya Sanctions FAQ 25 January 2012 In this Member Alert, the Club considers the sanctions currently in place against Libya, and the effects that these sanctions may have on both the shipping industry
More informationEDITORIAL NOTE: NO SUPPRESSION APPLIED. IN THE DISTRICT COURT AT TAURANGA CRI [2016] NZDC NEW ZEALAND POLICE Prosecutor
EDITORIAL NOTE: NO SUPPRESSION APPLIED. IN THE DISTRICT COURT AT TAURANGA CRI-2015-070-003935 [2016] NZDC 15620 NEW ZEALAND POLICE Prosecutor v ROYCE THOMAS MATOE Defendant Hearing: 16 August 2016 Appearances:
More informationPROGRESS REPORT BY CANADA AND APPENDIX
Strasbourg, 16 July 2001 Consult/ICC (2001) 11 THE IMPLICATIONS FOR COUNCIL OF EUROPE MEMBER STATES OF THE RATIFICATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT LES IMPLICATIONS POUR LES
More informationTSB CONSTRUCTIONS LTD
BRIBERY PREVENTION 86 Stockwell Road Handsworth Birmingham, B21 9RJ West Midlands www.tsbconstructionsltd.tsbpvtltd.com constructions@tsbpvtltd.com Management System ANTI-CORRUPTION POLICY STATEMENT As
More informationDISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS
DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS REASONS FOR DECISION In the matter of: Miss Emma Hoy Heard on: Monday, 15 May 2017 Location: The Chartered Institute of Arbitrators,
More informationAssessing the impact of the Sentencing Council s Fraud, Bribery and Money Laundering Definitive Guideline
Assessing the impact of the Sentencing Council s Fraud, Bribery and Money Laundering Definitive Guideline Summary Analysis was undertaken to assess the impact on sentence outcomes of the Sentencing Council
More informationConference of the States Parties to the United Nations Convention against Corruption
United Nations Conference of the States Parties to the United Nations Convention against Corruption Distr.: General 20 October 2017 English only Seventh session Vienna, 6 10 November 2017 Statement submitted
More informationACCESSING THE COMPETITION COMMISSION S SECRETS OR DOCKETS, A REVOLUTIONARY WAY FORWARD
ACCESSING THE COMPETITION COMMISSION S SECRETS OR DOCKETS, A REVOLUTIONARY WAY FORWARD Nelly Sakata* and Romeo Kariga** 1 1. INTRODUCTION With the talk on possible amendments to the Competition Act 89
More informationBRIEFING CRIMINALISING WAGE THEFT. YOUNG WORKERS CENTRE youngworkers.org.au
BRIEFING CRIMINALISING WAGE THEFT YOUNG WORKERS CENTRE youngworkers.org.au WAGE THEFT IS AN EPIDEMIC. OUR WAGE ENFORCEMENT LAWS ARE BROKEN AND INEFFECTIVE. Wage theft is a significant form of theft in
More informationRegulating Cartels in Europe
Regulating Cartels in Europe A Study of Legal Control of Corporate Delinquency CHRISTOPHER HARDING and JULIAN JOSHUA OXFORD UNIVERSITY PRESS CONTENTS Tables ofcases Tables oftreaties, Legislation, and
More informationFCA Consultation on Concurrent Competition Powers. Response of Norton Rose Fulbright LLP
FCA Consultation on Concurrent Competition Powers Response of Norton Rose Fulbright LLP We welcome the opportunity to comment on the FCA Consultation Paper (CP15/1) and the associated guidance, explaining
More informationFINAL NOTICE. 1. For the reasons set out in this Final Notice, the Authority hereby takes the following action against Mr Taylor.
FINAL NOTICE To: Alan Taylor IRN: ART00034 Address: HMP Wayland A4011EE Thompson Road Griston Thetford 1P25 6RL Dated: 13 November 2018 ACTION 1. For the reasons set out in this, the Authority hereby takes
More informationCriminal Procedure Act, 1993
Criminal Procedure Act, 1993 Number 40 of 1993 CRIMINAL PROCEDURE ACT, 1993 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Review by Court of Criminal Appeal of alleged miscarriage of justice or
More informationEUROPEAN UNION. Brussels, 4 April 2014 (OR. en) 2011/0297 (COD) PE-CONS 8/14 DROIPEN 1 EF 6 ECOFIN 21 CODEC 47
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 4 April 2014 (OR. en) 2011/0297 (COD) PE-CONS 8/14 DROIP 1 EF 6 ECOFIN 21 CODEC 47 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: DIRECTIVE OF
More information1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention
1) 11 CHOOSE THE BEST CHOICE AND MARK IT ON YOUR ANSWER SHEET. Part A: Fill in the Blanks 1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention. A person is where
More informationGUIDE TO ASSET FREEZING INJUNCTIONS IN GUERNSEY
GUIDE TO ASSET FREEZING INJUNCTIONS IN GUERNSEY CONTENTS PREFACE 2 1. The Mareva Injunction 3 2. When is a Mareva Injunction available? 3 3. Other factors for the Plaintiff to consider 4 4. The Terms of
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC LARKIN, Matthew Peter Registration No: 74917 PROFESSIONAL CONDUCT COMMITTEE DECEMBER 2017 Outcome: Erased with Immediate Suspension Matthew Peter LARKIN, a dentist, BDS Lpool 1998
More informationDRAFT OPINION. EN United in diversity EN. European Parliament 2016/0126(NLE) of the Committee on Legal Affairs
European Parliament 2014-2019 Committee on Legal Affairs 2016/0126(NLE) 17.10.2016 DRAFT OPINION of the Committee on Legal Affairs for the Committee on Civil Liberties, Justice and Home Affairs on the
More informationIntroduction 3. The Meaning of Mental Illness 3. The Mental Health Act 4. Mental Illness and the Criminal Law 6. The Mental Health Court 7
Mental Health Laws Chapter Contents Introduction 3 The Meaning of Mental Illness 3 The Mental Health Act 4 Mental Illness and the Criminal Law 6 The Mental Health Court 7 The Mental Health Review Tribunal
More informationIn Defence of the Safety Adviser Chris Hopkins, Associate, Barrister for Pinsent Masons LLP
Presentation: In Defence of the Safety Adviser Chris Hopkins, Associate, Barrister for Pinsent Masons LLP Chris began by explaining that he is a member of Pinsent Mason s Regulatory Law Team. Chris has
More information