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.
The increasing focus on enforcement of the US Foreign Corrupt Practices Act (FCPA), Canadian Corruption of Foreign Public Officials Act and UK Bribery Act, as well as similar anti-corruption laws around the globe, has made conducting pre-acquisition anti-corruption due diligence an essential element of any cross-border merger or acquisition, especially if the target does business in a jurisdiction where local officials may expect to be compensated for simply doing their job.
The cost of insider trading just got more expensive for those who get caught. In a February 18, 2014 decision by the U.S. Court of Appeals for the Second Circuit, a split appeals court panel found that an individual held liable for civil insider trading while working at an investment fund can ..
The United States Solicitor General has recommended that the Supreme Court deny certiorari in United States ex rel. Nathan v. Takeda Pharmaceuticals N.A. Inc., et al. (No. 12-1349), a False Claims Act ("FCA") case involving the question whether a relator must identify specific false claims submitted for payment in order to plead fraud with sufficient particularity under Federal Rule of Civil Procedure 9(b).
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.
In Kaley v. United States, the U.S. Supreme Court held that criminal defendants are not entitled to challenge an asset freeze by relitigating a grand jury's determination that probable cause exists to believe they committed the crimes charged.