The Anti-Corruption Report

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

Articles By Topic

By Topic: French Anti-Corruption Law

  • From Vol. 7 No.14 (Jul. 11, 2018)

    What SocGen and Legg Mason Say About French and American Enforcement

    The record-setting bilateral settlement between Société Générale S.A. (SocGen) and the French and U.S. governments demonstrates the rapid progression of the countries’ working relationship and France’s commitment to anti-corruption enforcement. Viewed alongside the accompanying DOJ settlement with Legg Mason, the matter also highlights the delicate balance the DOJ faces when trying to coordinate with other U.S. enforcement agencies and foreign governments simultaneously. Drawing on opinions from experts in the U.S. and France, this article analyzes the policy implications of the two matters. In a companion article, we detailed the bribery scandal underlying the charges against both companies and dissected the terms of their settlements. See “SocGen Reaches Historic Deal With France and U.S., Legg Mason Tags Along” (Jun. 27, 2018).

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  • From Vol. 7 No.13 (Jun. 27, 2018)

    SocGen Reaches Historic Deal With France and U.S., Legg Mason Tags Along

    SocGen, one of France’s largest financial institutions, recently earned the dubious distinction of becoming the first company to reach a bilateral settlement with France and the United States. The $585-million anti-corruption settlement, which resolved claims that SocGen executed a multi-year scheme to pay bribes to officials in Libya in exchange for investments, is the first time France has levied its own anti-corruption charges against a company. On the same day, the DOJ also announced a related $64-million settlement with Maryland-based investment management firm Legg Mason. We detail the bribery scandal underlying the charges against both companies and dissect the terms of their settlements. An upcoming companion article will discuss what the settlements say about the DOJ’s new policy against “piling on,” America’s commitment to international cooperation and France’s efforts to join the international corruption enforcement big leagues. See “An Insider’s Take on France’s New Approach to Foreign Corruption” (May 16, 2018).

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  • From Vol. 7 No.10 (May 16, 2018)

    An Insider’s Take on France’s New Approach to Foreign Corruption

    As global anti-corruption enforcement grows, many countries are adopting policies and procedures that resemble those of countries with more established regimes, such as encouraging self-reporting and allowing for negotiated resolutions. That can be an uncomfortable process for lawyers who are used to operating differently than their counterparts in places like the U.S. and the U.K. For instance, France recently adopted a more stringent anti-corruption law that requires companies to establish compliance programs and has started offering DPAs. During a presentation at the Society of Corporate Compliance & Ethics’ spring European Compliance & Ethics Institute in Germany, Maria Lancri, a French attorney practicing at GCV, shared her reactions to France’s move towards a more-U.S. style of resolving anti-corruption cases. See “What Compliance Lessons Can Companies Learn From the SFO’s First Two DPAs?” (Sep. 28, 2016).

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  • From Vol. 7 No.2 (Jan. 24, 2018)

    Lessons Learned From the First-Ever French Convention Judiciaire d’Intérêt Public Concluded With HSBC

    On October 30, 2017, less than a year after the enactment of France’s new anti-corruption law known as Sapin II, which created a new settlement tool for use in connection with certain corporate criminal investigations, HSBC Private Bank Suisse SA (HSBC PRBA) entered into a convention judiciaire d’intérêt public (CJIP), France’s first-ever corporate resolution mechanism. In a guest article, Bryan Sillaman, a partner in Hughes Hubbard’s Paris office, and his associate, Marie-Agnès Nicolas, explain that although questions remain regarding certain CJIP-related provisions of Sapin II, the resolution with HSBC PRBA provides a helpful starting point to assess how such agreements will be structured in light of Sapin II’s statutory framework and the procedural requirements of the French legal system. See “Despite Anemic Prosecutions, France Moves Toward Increased Anti-Corruption Enforcement” (Oct. 26, 2016).

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  • From Vol. 5 No.21 (Oct. 26, 2016)

    Despite Anemic Prosecutions, France Moves Toward Increased Anti-Corruption Enforcement

    France’s anti-corruption enforcement track record leaves much to be desired. Despite having relatively well developed and robust anti-corruption legislation, as recently as 2008 there had been no convictions in France for foreign bribery offences. An awareness of such issues has been present for years, and notably has been raised by organisations including the OECD, however, little progress has been made by way of effective reform. In a guest article, Jonathan Mattout, a partner in in the Paris office of Herbert Smith Freehills, details recent and upcoming enhancements to the French ABC laws. See “Recordbreaking Alstom Criminal FCPA Settlement Results From Wide-Ranging Bribery Scheme and Lack of Cooperation” (Jan. 7, 2015). 

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