Corporate fraud & corruption

February 2015 | SPECIAL REPORT: CORPORATE FRAUD & CORRUPTION

Financier Worldwide Magazine

Despite the robust anti-corruption action being taken by global authorities, corporate fraud and corruption remain an increasingly pervasive worldwide threat. The perpetrators of fraud and corruption now target an ever-widening playing field due to technological advancements and the relentless march of globalisation. Companies must be on their guard, as ignoring potential threats could lead to major disruption to their business processes, an erosion of employee integrity and a stained corporate identity, not to mention fines and other penalties arising from illegal conduct.

FORUM: Anti-corruption and bribery developments in Latin America

FW moderates a discussion on anti-corruption and bribery developments in Latin America between Roberto Hernández-García at COMAD, S.C., Mauricio Almar at Halliburton, Isabel Franco at KLA-Koury Lopes Advogados, Ivan E. Velez at KPMG LLP, and Patrick Henz at Primetals Technologies.

Global profiles of the fraudster

KPMG LLP Having conducted numerous fraud investigations we are amazed at how often we hear “John? John did that? He was the last person I would have suspected.” Regrettably that is quite often the point. Fraud investigation specialists have long debated whether...

With a smile not a gun: understanding human factors in fraud forecasting

Dolus Counter-Fraud Advisors LLC At her sentencing hearing in Manhattan, Annette Bongiorno, Bernard Madoff’s former secretary, stood weeping before Federal Judge Laura Taylor Swain. “I never figured out the truth,” she said. “I did what I was told. I didn’t know what was going on.” Handing down a prison...

The long-arm of US anti-bribery and corruption laws – are you subject to US jurisdiction?

Corrs Chambers Westgarth It was widely announced on 22 December 2014 that French power and transportation conglomerate Alstom SA had agreed to plead guilty to violating the US Foreign Corrupt Practices Act (FCPA). In addition, four corporate executives of Alstom have been charged...

Implications of heightened judicial supervision of corporate criminal settlements

Sullivan & Cromwell LLP Corporations facing law enforcement investigations in the US increasingly have found that the successful negotiation of a settlement agreement with the prosecutors is no longer the final step to achieving resolution. Rather, federal judges – whose involvement in the...

Marval, O’Farrell & Mairal In Argentina, insolvency is governed by Law No. 24,522, as amended (the Argentine Bankruptcy Law or ABL). Insolvency-related fraud in Argentina is generally related to: (i) schemes for excluding debtor’s assets from the estate or affecting secured creditor’s security interest...

Employees’ fraud via a fly-by-night company in Russia

Freshfields Bruckhaus Deringer This article concerns ways to protect a company’s interests in case of employee fraud via a fly-by-night company, which is quite typical for Russian business. Consider the following scenario: some chief employees of a company (Company) create a new company...

Bribery and corruption in New Zealand

Bell Gully New Zealand is widely regarded as one of the least corrupt countries in the world. Notwithstanding that reputation, there is increasing evidence of corrupt conduct. We summarise here some of the potential criminal and civil consequences of engaging in such...

Fraud at the workplace – key issues affecting employers in Malaysia

Shearn Delamore & Co. There are countless fraudulent activities and corrupt practices which can take place within an organisation, from simply falsifying a medical certificate to giving potential bidders inside knowledge of proposals from others. Such activities are no longer confined nor limited to...

Q&A: Managing fraud and bribery risks in the healthcare sector

FW moderates a discussion on managing fraud and bribery risks in the healthcare sector between Wendy C. Goldstein at Cooley LLP, Brian G. Flood at Husch Blackwell LLP, Omid Yazdi at KPMG LLP, and Michael K. Loucks at Skadden, Arps, Slate, Meagher & Flom LLP.

CONTRIBUTORS

Bell Gully

COMAD, S.C.

Cooley LLP

Corrs Chambers Westgarth

Dolus Counter-Fraud Advisors LLC

Freshfields Bruckhaus Deringer

Husch Blackwell LLP

KLA-Koury Lopes Advogados

KPMG LLP

Marval, O’Farrell & Mairal

Primetals Technologies.

Shearn Delamore & Co.

Skadden, Arps, Slate, Meagher & Flom LLP

Sullivan & Cromwell LLP