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12 May 2011 / Tracey Stretton
Issue: 7465 / Categories: Features , Bribery , Regulatory , Profession
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Managing global corruption

Tracey Stretton offers some strategies for avoiding & managing regulatory violations

Last year the US government levied hefty fines against businesses engaged in corrupt practices. Daimler AG agreed to pay $185m in fines and penalties and BAE Systems plc paid a $400m criminal fine to the US government and a €30m fine to UK regulators. The US is not alone in its quest to stamp out bribery and corruption—there has been a global increase in investigations, not only into bribery and corruption, but also into cartels and breaches of securities laws.

EU cartel settlements reached £3bn in 2010 with more potentially significant cases in the pipeline (“Rise in EU Anti-trust Settlements Anticipated”, 23 December 2010, FT.com). There has also been an expansion of the scope of the Foreign Corrupt Practices Act (FCPA) in the US.

Regulators are extending their territorial reach, co-operating across borders and talking about becoming more proactive in seeking out corrupt practices. Given the severe penalties and reputational damage associated with regulatory breaches companies need to adopt a proactive

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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