Auf Compliance-Beauftragte in Unternehmen kommen neue Risiken zu: In einem Grundsatzurteil hat der Bundesgerichtshof (BGH) die Funktion des Compliance Officer in Unternehmen hervorgehoben und klargestellt, unter welchen Voraussetzungen sich Compliance-Beauftragte selbst strafbar machen können, wenn Unternehmensangehörige Straftaten begehen (Urteil vom 17. Juli 2009 – 5 StR 394/08). Das Urteil ist bemerkenswert, weil es erstmals den strafrechtlichen Pflichtenkreis eines Compliance Officer höchstrichterlich umreißt und ihm dabei weitgehende Verpflichtungen auferlegt. - Compliance officers in companies have to face new risks: in a fundamental decision the Federal Court of Justice (Bundesgerichtshof, BGH) has highlighted the position of compliance officers in companies and has clarified under which circumstances they may render themselves liable to prosecution if employees commit an offense (decision of 17 July 2009 – 5 StR 394/08). This decision is remarkable as it is the first time that Germany’s highest court outlines the duties of compliance officers under criminal law – and in doing so imposes far-reaching obligations.
Mabey & Johnson Ltd, a British company which manufactures bridge equipment, pleaded guilty at Southwark Crown Court to a series of corruption offences committed overseas and is to pay a total of £6.55m in connection with these offences. On Friday 25 September 2009 the company was ordered by the court to pay £4.6m in fines and disgorgement of profits. In addition, the company has undertaken to pay reparations to the affected countries.
Directors and managers are in danger of being personally liable if they do not take suitable measures to ensure compliance, especially to avoid corruption and other economic crimes.
The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) are continuing to aggressively pursue alleged violations of the Foreign Corrupt Practices Act (FCPA) committed by corporations and individuals.
Americans have an expression, "you can't escape the long arm of the law," and when it comes to the United States Foreign Corrupt Practices Act (the "FCPA"), this is especially true. Many companies operating in Asia are subject to the FCPA, some of whom may not even know it, and an even greater number of companies are affected by the FCPA because of their dealing with companies who are subject to it.
On July 10, 2009, investor Frederic Bourke was convicted in New York of conspiring to violate the Foreign Corrupt Practices Act (“FCPA”) and the Travel Act, and making false statements to authorities during an investigation. The allegations related to Bourke’s efforts to acquire interests in the Azeri state-owned oil company in the 1990s. Sentencing in the case is scheduled for October 2009, and Bourke faces up to 10 years in prison and a significant fine.
Bloomberg Risk & Compliance Reports; May 2009 - Bylined article by James Parkinson and Clancy Galgay discusses increased enforcement activity under the US Foreign Corrupt Practices Act.
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