Briefings

Mishcon's Culture vs Corruption Diary

Fraud: Claimant
August 2006

Welcome to the August edition of Mishcon's Culture vs Corruption Diary, the object of this diary is to inform better those within corporations responsible for managing the fraud risk by illustrating how different countries treat issues which lie at the very heart of allegations of corrupt practices.   
 
We make no judgement whatsoever as to the morality, legality or appropriateness of the conduct which forms the subject matter of this diary.  We simply aim to bring these matters to the attention of those whose responsibility it is to set ethical standards and produce business practice guidelines for the companies they work for and allow them to make an informed decision as to the best practice for their organisation.

United Kingdom

Government

Lord Levy has been arrested on charges relating to loans made to the Labour party by donors who had been recommended for peerages.   The Times, 24 July 2006
 
The House of Commons Committee on Standards and Privileges has ruled that no action should be taken against John Prescott, the Deputy Prime Minister, following an investigation into allegations relating to a visit to the ranch of an American tycoon. Report on the Conduct of Mr John Prescott by the House of Commons Committee on Standard and Privileges, 20 July 2006
 
Tony Blair is to be interviewed by police in connection with the "cash for peerages" corruption inquiry.   The Independent, 15 July 2006
 

The Department for International Development has published a White Paper giving details of what the UK intends to do to help reduce world poverty.  The proposals include improving the fight against corruption through a new anti-corruption unit.   'Making Governance Work for the Poor' published by Department for International Development, 13 July 2006

Immigration

More than 700 allegations of corruption were referred to the Immigration and Nationality Directorate in 2004/5, according to a report by the Commons Home Affairs Select Committee. 'Immigration Control' published by the House of Commons Home Affairs Committee, 13 July 2006

Legislation

A provisional date of 20 October 2006 has been set for the second reading in the House of Commons of the International Development (Anti-Corruption Audit) Bill. The bill proposes amendments to section 7 of the International Development Act 2002.
 
A provisional date of 20 October 2006 has been set for the second reading of the Corruption Bill in the House of Commons. The Bill proposes a number of offences of corruption and introduces duties with regard to reporting public sector corruption and the supervision of subsidiary companies.
 
A provisional date of 20 October 2006 has been set for the second reading of The Honours (Prevention of Corruption) Bill in the House of Commons. The Private Members' Bill had its first reading in the House of Commons on 13 June 2006.

Sport

UEFA is expected to ask the Premier League and the Football League to give up their role in the Professional Game Match Officials body, which regulates referees.  UEFA believes that the present arrangement leaves English football open to corruption. The Guardian, 25 July 2006

Western Europe

Manufacturing

Prosecutors in Frankfurt are investigating Faurecia, the French car parts supplier, and several current and former managers from the Volkswagen group in connection with allegations of bribery. Financial Times, 25 July 2006

Police in the Netherlands are investigating the circumstances surrounding the award of a Liberian iron ore contract to Mittal Steel.  The contract is also subject of an unconnected Liberian government review.  Financial Times, 29 June 2006

Shipping

A French judge has ordered an investigation into Jacques Saade, the owner of CMA-CGM, in connection with allegations of false accounting and corruption. Sunday Express, 9 July 2006

Eastern Europe

Government

The Russian State Duma has passed legislation to ratify the Criminal Law Convention on Corruption.  When the convention comes into force Russia will join Europe's Group of States against Corruption. TASS, 26 July 2006

The Polish Government has established a bureau to fight corruption.  The Central Anti-Corruption Bureau will check politicians' declarations of personal wealth and ensure that privatisation deals are clean. The Independent, 25 July 2006

North Africa

Banking & Finance

Mwalimu Mati, the executive director of Transparency International in Kenya has been sacked for alleged financial impropriety.  Financial Times, 27 June 2006

Asia

Government

Taiwan's ruling Democratic Progressive party has adopted a series of measures aimed at reducing corruption.  The move follows a number of scandals that have driven support for the party to a record low. Financial Times, 24 July 2006

Healthcare

China has launched a campaign aimed at reducing corruption in the market for medical equipment.  The move reflects concern about kickbacks and bribes taken by hospital staff buying medical equipment. Financial Times, 21 July 2006

Middle East

Government

The Egyptian parliament is to vote on a draft law which makes it an offence to cast doubt on the financial integrity of an individual.  Financial Times, 7 July 2006

Mishcon de Reya

Mishcon's Culture vs Corruption Diary is published by the Corporate Investigations and Asset Recovery Group of Mishcon de Reya Solicitors.  Widely recognised as the leader in the field of fraud investigations, the Group has extensive experience in conducting and/or project managing highly sensitive international investigations in respect of bribery and corruption allegations.  The Group founded and runs both the Asset Protection & Recovery Network, made up of international legal fraud specialists, and the Financial Fraud Group, for risk and compliance officers.

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IMPORTANT: This briefing note is only intended as a general statement of the law and no action should be taken in reliance on it without specific legal advice. Release Date: 01 August 2006

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