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Serious Economic Crime a Boardroom Guide to Prevention and Compliance

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Serious Economic Crime a Boardroom Guide to Prevention and Compliance Published by White Page Ltd in association with the Serious Fraud Office Serious Economic Crime A boardroom guide to prevention and compliance With contributions from leading advisers and featuring introductions from: SFO CONFIDENTIAL Do you have inside information on serious fraud or corruption? WE’RE LISTENING Call us in confidence on 020 7239 7388 email: [email protected] Serious Economic Crime A boardroom guide to prevention and compliance Published in association with the Serious Fraud Office Consulting Editor: Harry Travers, BCL Burton Copeland Published by White Page Ltd Serious Economic Crime A boardroom guide to prevention and compliance Consulting editor Harry Travers BCL Burton Copeland Editor Nigel Page Chief production editor and sub-editor Matt Rowan Publisher Tim Dempsey Publishing director Nigel Page Printing and binding Argent Litho Ltd Serious Economic Crime A boardroom guide to prevention and compliance is published by: White Page Ltd 17 Bolton Street London W1J 8BH United Kingdom Phone: +44 20 7408 0268 Fax: +44 20 7408 0168 Email: [email protected] Web: www.whitepage.co.uk Published 2011 ISBN 978-0-9565842-2-9 Serious Economic Crime A boardroom guide to prevention and compliance © White Page Ltd Front-cover artwork ©Manuel Presti No photocopying: copyright licences do not apply. DISCLAIMER This guide is written as a general guide only. It should not be relied upon as a substitute for specific legal or other professional advice. Professional advice should always be sought before taking any action based on the information provided. Every effort has been made to ensure that the information in this guide is correct at the time of publication. The views expressed in the articles contained in this guide are those of the authors. They do not necessarily reflect the views of the Serious Fraud Office and should not be taken as endorsed by the Serious Fraud Office. The publishers and authors bear no responsibility for any errors or omissions contained herein. www.whitepage.co.uk Serious Fraud Office Foreword Serious Economic Crime: a boardroom guide to prevention and compliance Foreword Richard Alderman, Director Serious Fraud Office e are delighted to be publishing this first edition of Serious Economic Crime in association with White Page. Its launch Wcoincides with a significant period in the evolution of the Serious Fraud Office and, more broadly, with the introduction of major legislation – the UK Bribery Act – that will play a key role in the fight against corporate corruption from now on. Having emerged from a period of uncertainty, the SFO is now securely positioned for the future. With this in mind, we are driving through a number of initiatives to further strengthen our resources, build closer links with the City, and reinforce our commitment to our international network of partners. These are essential priorities. Economic crime today is increasingly complex in nature and international in scope. To combat this threat effectively and bring justice to the victims of fraud and corruption, we need to work in partnership with our counterparts on the world stage, as well as co-ordinating our activities with agencies closer to home. The appointment in mid-2011 of Simon Duckworth as a non-executive director of the SFO highlights our commitment to forging closer links with the City of London. As chairman of the City of London Police Authority, Simon has brought to the SFO his wealth of experience, not just of the City and the business world, but also of high-level policing and, in particular, economic crime. Closer links with the City of London will allow us to respond even more effectively to the challenges that complex economic crime poses for us today and tomorrow. Together we will protect the huge range of individuals and businesses affected by financial fraud and so help to underpin the City’s reputation for financial probity and transparency – key assets in securing the UK’s position as a pre-eminent international financial and business centre. On the international stage, the SFO continues to shape the agenda on cross-border economic crime. And so we welcome the involvement in this publication of a wide cross-section of governmental and non-governmental organisations, from the OECD, the World Bank and Transparency International to OLAF, the European Anti-Fraud Office, alongside the Serious Economic Crime: a boardroom guide to prevention and compliance Foreword Serious Fraud Office Financial Services Authority and the City of London Police. This publication’s primary purpose is to give board-level readers in the UK and international businesses informed commentary on the impact of anti-fraud and anti-corruption legislation. As the scope of this legislation continues to expand and interact more with the legislation in other jurisdictions, so the landscape for best- practice compliance and fraud prevention has become increasingly complex. The wealth of expert insights from lawyers, accountants and specialist anti-fraud consultants in the following pages is therefore an invaluable resource. The emphasis on compliance and prevention is significant. The SFO’s remit is to identify, investigate and prosecute economic crime in the UK and beyond. But we recognise that we need to work closely with companies and financial institutions to guide and support them as they drive towards best-practice compliance. Serious Economic Crime is a valuable tool in supporting this important objective. We would like to thank everyone who has contributed to this publication for their effort and commitment. We hope that the guide will be widely read by UK-based and international businesses alike. We also hope that it will increase the awareness of fraud and corruption, prevent them from happening, and help corporates to stay compliant. Richard Alderman, September 2011 Serious Economic Crime: a boardroom guide to prevention and compliance Serious Economic Crime Contents A boardroom guide to prevention and compliance Introduction and overview 9 8 Co-ordinating the fight against fraud 65 and corruption: agreement on Harry Travers, Consulting Editor cross-debarment among multilateral BCL Burton Copeland development banks PART I: Stephen S Zimmermann and Frank A Fariello Jr NATIONAL AND GLOBAL PERSPECTIVES World Bank Group 1 Preventing serious economic crime: 17 9 An alternative to adding more rules, 77 the SFO’s priorities and successes laws and regulations for preventing serious economic crime Richard Alderman Serious Fraud Office Roy Snell Society of Corporate Compliance and Ethics 2 The FSA’s role in prosecuting 21 market abuse and insider dealing PART II: Tracey McDermott THE MAIN OFFENCES Financial Services Authority 10 The Bribery Act 2010: implications 86 3 The City of London Police — 27 for global businesses and a local force with a global remit individual directors Adrian Leppard John P Rupp, Robert Amaee and Alexandra Melia City of London Police Covington & Burling LLP 4 Inter-agency and international co-operation 33 11 US Foreign Corrupt Practices Act versus 92 in the fight against financial crime the UK Bribery Act: a perspective from Brian McAuley both sides of the Pond OECD Lista M Cannon and Richard C Smith Fulbright & Jaworski LLP 5 Fraud prevention by the European 39 Commission: how the lessons from 12 Cartels: competing within the rules, 100 OLAF’s administrative investigations understanding the boundaries of are used to stop irregularities and fraud fair competition J Khouw and W Kleinegris Nicole Kar and Kirsten Donnelly The European Anti-Fraud Office Linklaters LLP 6 Transparency International 47 and the fight against corruption 13 Insider trading: knowing the rules 106 and remaining within them Chandrashekhar Krishnan Transparency International UK Steven Francis and Richard Burger Reynolds Porter Chamberlain LLP 7 The reality of fighting global 57 corruption: a World Bank perspective 14 The main fraud offences prosecuted 113 Leonard Frank McCarthy by the SFO World Bank Group Harry Travers, BCL Burton Copeland Nicholas Yeo, Three Raymond Buildings Shaul Brazil, BCL Burton Copeland Contents 15 The Proceeds of Crime Act 2002 and 121 22 Preparing for a ‘dawn raid’ — 177 the prosecution of economic crime and dealing with the aftermath John P Rupp, Robert Amaee and Ian Redfearn Peter Crowther Covington & Burling LLP Dewey & LeBoeuf LLP 16 The money laundering reporting regime: 127 23 How to manage a corporate fraud 184 the offences and the defences investigation — limiting the damage and protecting your business’s reputation Kevin Roberts, Morrison & Foerster (UK) LLP Andrew Clark and Marie-Alice Hofmaier, PwC Jonathan Hitchin, Arnondo Chakrabarti and Davina Given 17 Serious financial crime in the 134 Allen & Overy LLP financial services sector 24 Finding the silver lining in a cloud of 191 Stephen Gilchrist chaos: a practical guide to managing Saunders Law Ltd an external corporate fraud investigation 18 Economic sanctions laws: the 141 Andrew Gordon and Robert Wilson European Union and the United States PwC Greta Lichtenbaum, James Barratt and Hayley Ichilcik 25 Internal corporate investigations: 195 O’Melveny & Myers LLP avoiding the pitfalls Robert W Henoch and Brad H Samuels 19 Corporate manslaughter and criminal 154 Kobre & Kim LLP liability arising from a fatal accident Tony Parton and Tracy Gill, PwC Guy Bastable BCL Burton Copeland 26 E-discovery and serious economic 206 crime: a European approach to PART III: the e-discovery model INVESTIGATION Greg Mason and Frances McLeod 20 Voluntary disclosure
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