Bribery Law And Practice

Author : Monty Raphael QC
Publisher : Oxford University Press, USA
Page : 300 pages
File Size : 53,6 Mb
Release : 2016-01-26
Category : Electronic
ISBN : 0199686386

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Bribery: Law and Practice by Monty Raphael QC Pdf

From being a minority interest of NGOs and niche law firms, corruption has grown into a subject which is rarely out of the media and which corporate lawyers and specialist consultants worldwide have seen as a new business opportunity. Bribery: Law and Practice from Monty Raphael QC, one of the most respected lawyers in this field, offers a comprehensive, authoritative overview of this increasingly significant area of law that updates and expands on his earlier Blackstone's Guide to the Bribery Act 2010. In the years since the Bribery Act came into force there have been a great many developments in legislation, regulation, compliance, and forensic investigation which are fully covered in this volume, including the introduction of Deferred Prosecution Agreements in the Crime and Courts Bill 2013 and the issuance of new guidance on business expenditure, facilitation payments, and self-reporting, among others, by the Serious Fraud Office, the Ministry of Justice, the Financial Conduct Authority, Transparency International, and the International Chamber of Commerce. Discussion of these new developments is complemented by rigorous insights into practice and policy and the provision of an accessible synthesis of all the available aids to compliance and regulation. Offering unparalleled practical advice and insight and answering those questions most frequently asked by those confronted with suspicions about or actual incidences of bribery and corruption, this book is an indispensable guide to not only practitioners in the fields of criminal law, and particularly financial crime, but also to those in the business community with a corporate presence in the UK.

Author : Jeremy Horder,Peter Alldridge
Publisher : Cambridge University Press
Page : 383 pages
File Size : 48,9 Mb
Release : 2013-04-25
Category : Law
ISBN : 9781107354968

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Modern Bribery Law by Jeremy Horder,Peter Alldridge Pdf

The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

Author : Gerry Ferguson
Publisher : Unknown
Page : 128 pages
File Size : 54,5 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:981111616

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Global Corruption by Gerry Ferguson Pdf

Author : Liz Campbell,Nicholas Lord
Publisher : Routledge
Page : 294 pages
File Size : 45,6 Mb
Release : 2018-04-17
Category : Law
ISBN : 9781351602211

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Corruption in Commercial Enterprise by Liz Campbell,Nicholas Lord Pdf

This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major ‘social bad’, and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets – such as kickbacks to facilitate contracts in international commerce – and illegal markets – such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.

Author : Stuart H. Deming
Publisher : Oxford University Press
Page : 496 pages
File Size : 46,9 Mb
Release : 2014-06-17
Category : Law
ISBN : 9780199876297

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Anti-Bribery Laws in Common Law Jurisdictions by Stuart H. Deming Pdf

Anti-Bribery Laws in Common Law Jurisdictions provides a comprehensive analysis of the foreign bribery laws and of related laws and regulations in key common law jurisdictions. This book extensively addresses the official guidance associated with the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and explains the related legal obligations that apply to record-keeping practices and maintaining adequate internal controls. Foreign bribery legislation in Australia, Canada, Ireland, New Zealand, and South Africa are also extensively addressed. Stuart H. Deming also closely focuses on laws that may expose an individual or entity to private or commercial bribery in foreign settings, as well as to the application of laws relating to money laundering, accounting, and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organization for foreign bribery.

Author : Martin T. Biegelman,Daniel R. Biegelman
Publisher : John Wiley & Sons
Page : 384 pages
File Size : 47,6 Mb
Release : 2010-04-07
Category : Business & Economics
ISBN : 9780470622445

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Foreign Corrupt Practices Act Compliance Guidebook by Martin T. Biegelman,Daniel R. Biegelman Pdf

Foreign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.

Author : Régis Bismuth,Jan Dunin-Wasowicz,Philip M. Nichols
Publisher : Taylor & Francis
Page : 585 pages
File Size : 52,7 Mb
Release : 2021-05-27
Category : Law
ISBN : 9781000389821

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The Transnationalization of Anti-Corruption Law by Régis Bismuth,Jan Dunin-Wasowicz,Philip M. Nichols Pdf

The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

Author : Norman Keith
Publisher : Unknown
Page : 224 pages
File Size : 49,9 Mb
Release : 2013
Category : Bribery
ISBN : 0433475153

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Canadian Anti-corruption Law and Compliance by Norman Keith Pdf

"As Canada continues to expand its corporate presence overseas, so too, has the need to legislate and enforce anti-corruption rules against the bribery of foreign officials by Canadian companies and their officers. Until now, there has been no legal textbook that discusses anti-corruption laws in Canada in such an in-depth and comprehensive manner. This book helps lawyers and in-house counsel understand the gravity of these laws: infringement can result in prosecution, hefty fines and even imprisonment. Written in an informative and yet readable manner, this book focuses on relevant sections of the Corruption of Foreign Public Officials Act (CFPOA), and how to ensure compliance. It offers a detailed section-by-section review of the legislation, so that lawyers will know how to advise their clients in staying clear of CFPOA offences."--pub. desc.

Author : Homer E Moyer Jr
Publisher : Law Business Research Ltd.
Page : 216 pages
File Size : 40,5 Mb
Release : 2017-03-28
Category : Electronic
ISBN : 9781912377565

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Anti-Corruption Regulation by Homer E Moyer Jr Pdf

Anti-Corruption Regulation, edited by Homer E Moyer Jr of Miller & Chevalier Chartered, captures the growing anti-corruption jurisprudence that is developing around the globe and comprises expert summaries of 29 countries' anticorruption laws and enforcement policies plus, contributions from Transparency International and the OECD. Topics covered include: foreign and domestic bribery, financial record keeping, liability and sanctions. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts, there are also editorial chapters covering anti-corruption developments affecting Latin America's mining industry; combating corruption in the banking industry - the Indian experience; calculating penalties; risk and compliance management systems; corporates and UK compliance - the way ahead; current progress in anti-corruption enforcement; and finally a global overview. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P

Author : Kevin E. Davis
Publisher : Oxford University Press
Page : 304 pages
File Size : 42,5 Mb
Release : 2019-07-31
Category : Law
ISBN : 9780190070823

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Between Impunity and Imperialism by Kevin E. Davis Pdf

When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.

Author : Stuart H. Deming
Publisher : American Bar Association
Page : 822 pages
File Size : 45,7 Mb
Release : 2010
Category : Bribery
ISBN : 1604426047

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The Foreign Corrupt Practices Act and the New International Norms by Stuart H. Deming Pdf

This book provides an in-depth analysis of the FCPA and significantly expands upon the first with critical updates reflecting the latest developments of the Act; a broader and more expansive analysis of the FCPA, including those aspects that relate directly to Sarbanes-Oxley; and a detailed analysis of the debarment practices associated with the anti-corruption policies of the World Bank Group.

Author : Branislav Hock
Publisher : Routledge
Page : 262 pages
File Size : 46,9 Mb
Release : 2019-09-11
Category : Business & Economics
ISBN : 9780429662768

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Extraterritoriality and International Bribery by Branislav Hock Pdf

The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of more than 40 foreign anti-bribery enforcement actions conducted by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and other examples from comparative jurisdictions. Extraterritoriality and International Bribery is ideal reading for academics and students with an interest in global governance, economic crime, criminology, and law and economics, as well as practitioners concerned with foreign anti-bribery enforcement, including compliance officers, lawyers, investigating and prosecuting authorities, and business leaders. The book also discusses governance alternatives existing outside international anti-bribery law and offers policy and legal reforms proposals. The book suggests a decentralized enforcement model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative.

Author : Patrick J. O’Malley
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 42,7 Mb
Release : 2021-01-29
Category : Law
ISBN : 9781786436528

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Directors' Duties and Corporate Anti-Corruption Compliance by Patrick J. O’Malley Pdf

This discerning book examines good governance developments concerning anti-bribery efforts in the US and the UK, recognising that with each new major case of corporate malfeasance the parameters of directors’ duties change and expand. Taking this expansion of roles and expectations into account, and acknowledging the respective increase in exposure to civil, criminal and reputational liabilities, Patrick J. O’Malley compares the fundamental national compliance experiences of the US and UK. Investigating anti-bribery, corporate and securities law and guidance, this engaging book explores systemic expectations of directors, executive officers and compliance personnel in public and private companies.

Author : Kevin E. Davis
Publisher : Oxford University Press
Page : 304 pages
File Size : 48,8 Mb
Release : 2019-07-31
Category : Law
ISBN : 9780190070816

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Between Impunity and Imperialism by Kevin E. Davis Pdf

When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.

Author : Brian P. Loughman,Richard A. Sibery
Publisher : John Wiley & Sons
Page : 432 pages
File Size : 53,5 Mb
Release : 2011-12-06
Category : Business & Economics
ISBN : 9781118011362

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Bribery and Corruption by Brian P. Loughman,Richard A. Sibery Pdf

As businesses continue to expand globally into new and emerging markets, bribery and corruption risks have increased exponentially. Bribery and Corruption offers a comprehensive look at this growing problem, and at the Foreign Corrupt Practices Act (FCPA) and other international anti-bribery and corruption conventions. Presenting hypothetical examples of situations companies will face, along with practical solutions, the book offers detailed global guidance on a region and country-specific basis. The FCPA prohibits US companies and their subsidiaries from bribing foreign officials, either directly or indirectly through intermediaries, for the purpose of obtaining or retaining business. It also requires companies to keep accurate records of all business transactions and maintain an effective system of internal accounting controls. Internationally, the Organization of Economic Cooperation and Development's (OECD's) anti-bribery convention has been adopted by 38 countries and creates legally binding standards related to bribery of foreign public officials. Written by renowned accounting fraud experts Richard A. Sibery and Brian P. Loughman, and providing an introduction and overview of the Foreign Corrupt Practices Act (FCPA) and international bribery laws, Bribery and Corruption considers: How to conduct FCPA risk assessments and investigations How to consider FCPA specific financial controls How to implement an FCPA compliance program and how to measure FCPA compliance The risk of bribery and corruption continues to be an area of concern for companies around the world, but armed with Bribery and Corruption, it is easier than ever to understand the challenges that exist and how to deal with them.