Law360: The government's 23 February 2024Â victory in US v Aguilar in the US District Court for the Eastern District of New York is a cautionary tale that two indictments in two districts is a possible outcome for a foreign bribery defendant.
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The US Foreign Corrupt Practices Act and the UK Bribery Act 2010 comparedBackground to the Foreign Corrupt Practices ActThe US Foreign Corrupt Practices Act (FCPA) is a broad piece of legislation that has been well enforced and embedded since its introduction in 1977. It was introduced to deal with
How to identify when a commission might become a bribeCommissions constitute the giving of a financial advantage. Not all commissions will be bribes. The most common occurrence of a commission is where an advantage is paid by a seller or purchaser to a third party or fiduciary for facilitating or
Active bribery, passive bribery and bribing foreign public officialsThe Bribery Act 2010 (BA 2010) criminalises:•bribing another person (active bribery)•soliciting or accepting a bribe (passive bribery)•bribing a foreign public official, and•for a business or commercial organisation only, failing to
Failing to prevent briberyThis Practice Note explains the corporate criminal offence of failing to prevent bribery under section 7 of the Bribery Act 2010 (BA 2010). This was the first economic crime offence of its kind in attaching culpability to failing to prevent an offence that was committed on
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