Munir Patel, an administrative clerk at London's Redbridge
Magistrates' Court whose October guilty plea made him the first
person to be convicted under the new UK Bribery Act, was sentenced
this morning in the Southwark Crown Court to six years in prison.
Patel's sentence includes a three-year prison term for
violations of Section 2 of the Bribery Act and a six-year sentence
for misconduct in public office. The sentences will run
concurrently, for a total six-year prison sentence.
In handing down the sentence, Judge Alistair McCreath noted that
Patel's conduct spanned more than a year and involved at least
53 cases in which traffic violators made payments to avoid
penalties. Describing Patel's offense as "serious,"
Judge McCreath highlighted that Patel's sole motivation was
greed and that his acts resulted in a personal gain of at least
Representing perhaps the most significant and wide-ranging
anti-corruption legislation in history, the UK Bribery Act and its
inevitable enforcement have been greatly anticipated by UK
companies, UK citizens and residents, and those conducting business
in the UK. While the Patel case was initially viewed with some
skepticism by those who had anticipated that the first UK Bribery
Act prosecution would involve more far-reaching conduct and
significant corporate wrong doing, the resulting sentence makes
clear that the UK government, Serious Fraud Office, and prosecutors
alike intend to make good on promises to utilize the new Act as a
significant tool in the fight against corruption.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Shearman & Sterling’s bi-annual Trends & Patterns report provides insightful analysis of recent enforcement trends and patterns in the US, the UK, and elsewhere as well as helpful guidance on emerging best practices in FCPA and global anti-corruption compliance programs.
In December 2014, the U.K. Serious Fraud Office ("SFO") secured its first criminal convictions against a number of individuals for offenses under the Bribery Act 2010 (the "Act") and, in a separate case, a corporation for offenses under the Prevention of Corruption Act 1906 (a predecessor to the Act).
The increased globalization of the private investment industry
has given rise to an enhanced focus by U.S. prosecutors and
regulators on rooting out corrupt business activities in private
equity firms and hedge funds.
The December 23, 2014, announcement by the U.S. DOJ that Alstom, S.A. pled guilty to two FCPA charges and agreed to pay $772 million in fines generated headlines for the record-breaking size of the fine.
The Department of Justice and the Securities and Exchange Commission jointly issued a 120-page "resource guide" to the Foreign Corrupt Practices Act in November 2012, which confirms the DOJ's and the SEC's narrow view of several key defenses under the FCPA.
The U.S. District Court for the Southern District of New York issued an interesting comity decision on whether U.S. courts should defer to foreign countries’ secrecy and blocking statutes when considering motions for discovery of documents located abroad.