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.
Two recent decisions from the Fifth Circuit and Eighth Circuit could expand the fraudulent transfer exposure of unknowing third parties that provide goods, services, or funding to companies operating Ponzi schemes.
The charges, which include conspiracy to commit healthcare fraud, wire fraud, money laundering, aggravated identity theft, and violations of anti-kickback laws, implicate $712 million in false Medicare billing submissions.
While the court's denial of the motion for reconsideration was not unexpected, it was undoubtedly the correct result, evidencing the court's desire to ensure that DOJ properly establishes the element of falsity...
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.