The Anti-Corruption Report

The definitive source of actionable intelligence covering anti-corruption laws around the globe

Articles By Topic

By Topic: Criminal Procedure

  • From Vol. 6 No.4 (Mar. 1, 2017)

    Growing Pains in the Evolution of Canadian Anti-Corruption Enforcement

    While Canada has been historically less active than its neighbor to the south when it comes to anti-corruption enforcement, it has shown increased signs of life over the last few years. However, Canadian enforcement efforts suffered a major setback with the recent Ontario Superior Court of Justice decision, R v. Wallace, in which CFPOA charges were dismissed after the Court ordered the exclusion of the prosecution’s wiretap evidence – the foundation of the Crown’s case. In a guest article, Mark Morrison and Michael Dixon, partners at Blake, Cassels & Graydon, and Liam Kelley, an associate there, discuss the case and what companies can expect from Canadian anti-corruption enforcement going forward. See “Supreme Court of Canada Weighs in on International Corruption Investigations” (Jun. 1, 2016).

    Read Full Article …
  • From Vol. 5 No.16 (Aug. 10, 2016)

    Second Circuit Quashes Warrant for Microsoft to Produce Email Content Stored Overseas 

    A federal appeals court ruling has made it more difficult for the DOJ to obtain electronic content stored overseas, creating implications for an array of government investigations. The Second Circuit Court of Appeals agreed with Microsoft that a request to produce customer content it stored in Ireland was beyond the scope of the Stored Communications Act. “It’s an extremely significant decision [that the Act] does not authorize a U.S. district court to issue a search warrant to seize data being held by ISPs or remote computing services (cloud services) outside the territorial U.S.,” Edward McAndrew, a partner at Ballard Spahr, told The FCPA Report. “It is the first ruling of its kind on that issue from the U.S. Court of Appeals. See “Foreign Attorneys Share Insight on Data Privacy and Privilege in Multinational Investigations” (Jun. 28, 2016)

    Read Full Article …
  • From Vol. 5 No.11 (Jun. 1, 2016)

    Supreme Court of Canada Weighs in on International Corruption Investigations

    Domestic prosecutions of international corruption cases are inherently challenging. In Canada, there has only been one guilty verdict following trial under Canada’s equivalent of the FCPA, the Corruption of Foreign Public Officials Act (CFPOA), in addition to a number of pre-trial guilty pleas. The lack of civil enforcement and resolution options for foreign corruption violations makes Canadian anti-corruption enforcement more challenging – the state must always meet the higher standard of proof required in criminal prosecutions. The Supreme Court of Canada was recently called upon to consider the application of the CFPOA in the context of a criminal trial and the disclosure obligations of the state to the accused. In a guest article, Mark Morrison and Michael Dixon, partners at Blake, Cassels & Graydon, and Alexandra Luchenko, an associate there, analyze that case, World Bank v. Wallace, and its effect on the enforcement landscape. See “The Essentials of the New Canadian Anti-Corruption Requirements” (Mar. 20, 2013).

    Read Full Article …
  • From Vol. 5 No.11 (Jun. 1, 2016)

    Current and Former Agents Discuss the Five Pillars of the FBI’s FCPA Strategy

    In conjunction with the announcement of the FCPA Unit’s Pilot Program in April, the DOJ noted that the FBI has recently established three new squads of special agents who will focus on FCPA and anti-money laundering investigations. These three International Corruption Squads, “should send a powerful message that FCPA violations that might have gone uncovered in the past are now more likely to come to light,” said Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division in a press release. At an invitation-only event hosted by global consulting firm Protiviti and at ACI’s 18th Annual New York Conference on the FCPA, current and former FBI agents explained that the FBI’s strategy for fighting international corruption is built on five pillars and discussed how the strategy will affect FBI FCPA investigations going forward. See “Going Deep on the Fraud Section’s FCPA Pilot Program (Part One of Three)” (Apr. 20, 2016); “How Will the Fraud Section’s Pilot Program Change Voluntary Self-Reporting? (Part Two of Three)” (May 4, 2016); “Earning Cooperation Credit Under the Fraud Section’s FCPA Pilot Program (Part Three of Three)” (May 18, 2016).

    Read Full Article …
  • From Vol. 5 No.7 (Apr. 6, 2016)

    Internal Investigations and Criminal Discovery After the Yates Memo

    The September 2015 Yates Memo is a clarion call to businesses around the world to come forward with specific, actionable information that the Justice Department can use to prosecute individual wrongdoers. There is some debate about whether the Yates Memo represents a shift in policy or is simply a reiteration of the Department’s longstanding principles, but the memo will undoubtedly have an immense effect on both individuals and corporations, particularly when it comes to criminal discovery in individual prosecutions. On May 16, Quinn Emanuel and The FCPA Report will host a symposium in New York addressing the challenges of navigating internal investigations and negotiations with the government in the post-Yates Memo era. In advance of that event, in a guest article, Quinn Emanuel partners William Burck and Benjamin O’Neil, and associates Daniel Koffmann and Selina MacLaren, draw upon their experiences representing former PetroTiger employee Joseph Sigelman in a recent FCPA case, to offer suggestions for both companies and individuals facing federal investigations and prosecutions in the wake of the Yates Memo. For more information on the symposium please contact Max Humphrey at mhumphrey@fcpareport.com. 

    Read Full Article …
  • From Vol. 5 No.7 (Apr. 6, 2016)

    Analyzing Spain’s New Corporate Compliance Defense

    Spanish criminal law now includes an affirmative compliance program defense that, when read together with the diligence duties under the Spanish Companies Act, obligates companies to implement corporate compliance programs designed to prevent criminal activity. In a guest article, Rafael Jiménez-Gusi and Diego Pol Longo, partner and associate at Baker & McKenzie Barcelona, analyze the new law and subsequent developments including guidance issued by the Spanish Public Prosecutor and the Spanish Supreme Court. See “Australia’s Shifting Foreign Bribery Regime” (Dec. 2, 2015).

    Read Full Article …
  • From Vol. 5 No.3 (Feb. 10, 2016)

    Analyzing the Significance of the U.K. Court of Appeals Decision Allowing Pre-Bribery Act Prosecution

    The U.K. Court of Appeals has given a green light to a case alleging foreign bribery prior to the adoption of the 2010 U.K. Bribery Act, holding that the 1906 Prevention of Corruption Act applies. How much does this ruling open the door for U.K. prosecutors to charge pre-2010 foreign bribery? In a guest article, Sally J. March, a director at Drummond March Ltd, explains the case and its significance for anti-corruption enforcement in the U.K. See also “The Meaning of the U.K.’s First DPA” (Dec. 16, 2015).

    Read Full Article …
  • From Vol. 5 No.2 (Jan. 27, 2016)

    Former Prosecutor Nat Edmonds Discusses the Implications of the Recent Changes to the U.S. Attorneys’ Manual (Part Two of Two)

    The DOJ recently announced that it had revised its U.S. Attorneys’ Manual (USAM) to reflect the Department’s efforts to hold more individuals accountable for corporate criminal activity. Although the new guidelines may not represent a significant change in policy, even subtle shifts in the USAM language may affect how a company approaches anti-corruption compliance, former prosecutor Nat Edmonds, now a partner at Paul Hastings, told The FCPA Report. We share Edmond’s insights in this two-part series. See “How Will the Yates Memo Change DOJ Enforcement? (Part One of Two)” (Sep. 23, 2015); Part Two (Oct. 7, 2015).

    Read Full Article …
  • From Vol. 5 No.1 (Jan. 13, 2016)

    Former Prosecutor Nat Edmonds Discusses the Implications of the Recent Changes to the U.S. Attorneys’ Manual (Part One of Two)

    In November 2015, Deputy Attorney General Sally Quillian Yates announced that the section of the U.S. Attorneys’ Manual (USAM) codifying the principles governing the prosecution of business organizations had been updated to reflect the DOJ’s efforts to hold more individuals accountable for corporate criminal activity. Yates said the changes, which are publicly available, will give companies insight into how the government’s policy will be applied during the “everyday work” of federal prosecutors. Former prosecutor Nat Edmonds, now a partner at Paul Hastings, told The FCPA Report that the changes don’t indicate an actual “policy shift,” but rather a “formalization” of DOJ best practices. Yet, he emphasized, the subtle shifts in the USAM language may require a change in strategy when a company is faced with an FCPA investigation. We share his insight in a two-part series. See also “How Will the Yates Memo Change DOJ Enforcement? (Part One of Two)” (Sep. 23, 2015); Part Two (Oct. 7, 2015).

    Read Full Article …
  • From Vol. 3 No.7 (Apr. 2, 2014)

    The Long Arm of U.S. Law: What the Proposed Amendments to Federal Criminal Rule 4 Mean for International Companies

    Prosecutors may soon move one step closer to receiving broad new powers to serve criminal summonses on international companies that lack domestic agents or offices – a development with significant implications for international criminal enforcement, including anti-corruption enforcement.  In a guest article, Mara V.J. Senn and Whitney Moore, partner and associate, respectively, at Arnold & Porter LLP, describe the recommended changes to Federal Criminal Rule 4, which governs proper service of arrest warrants and criminal summonses, and the potential impact of those changes.  For more from Senn, see “How to Conduct an Anti-Corruption Investigation: Ten Factors to Consider at the Outset (Part One of Two),” The FCPA Report, Vol. 2, No. 25 (Dec. 18, 2013); and “Developing and Implementing the Investigation Plan (Part Two of Two),” The FCPA Report, Vol. 3, No. 1 (Jan. 8, 2014).

    Read Full Article …