Alun Milford, Partner, & Áine Kervick, Associate, in our Criminal Litigation team, authored the UK chapter for the Anti-Corruption volume of Lexology’s Market Intelligence series Getting The Deal Through (GTDT). This features discussion and analysis of legal developments, compliance risk and the role of enforcement authorities within key jurisdictions worldwide.
In this chapter, Alun & Áine discussed anti-corruption in the UK and responded to the following questions:
- What are the key developments related to anti-corruption regulation and investigations in the past year in your jurisdiction, and what lessons can compliance professionals learn from them?
- What are the key areas of anti-corruption compliance risk on which companies operating in your jurisdiction should focus?
- Do you expect the enforcement policies or priorities of anti-corruption authorities in your jurisdiction to change in the near future? If so, how do you think that might affect compliance efforts by companies or impact their business?
- Have you seen evidence of continuing or increasing cooperation by the enforcement authorities in your jurisdiction with authorities in other countries? If so, how has that affected the implementation or outcomes of their investigations?
- Have you seen any recent changes in how the enforcement authorities handle the potential culpability of individuals versus the treatment of corporate entities? How has this affected your advice to compliance professionals managing corruption risks?
- Has there been any new guidance from enforcement authorities in your jurisdiction regarding how they assess the effectiveness of corporate anti-corruption compliance programmes?
- How have developments in laws governing data privacy in your jurisdiction affected companies’ abilities to investigate and deter potential corrupt activities or cooperate with government inquiries?
This interview was first published by Lexology on 26 November 2020. You can read this in full by clicking here.
For further information raised in this news post, please contact a member of our Corporate Crime team.
About the authors
Alun Milford is a Partner in the Criminal Litigation team and specialises in serious or complex financial crime, proceeds of crime litigation and corporate investigations. He has particular knowledge and experience of issues surrounding corporate crime and deferred prosecution agreements. He joined Kingsley Napley from the public sector where, over a twenty-six year career as a government lawyer and public prosecutor, he worked in a wide variety of roles including General Counsel at the Serious Fraud Office, the Crown Prosecution Services’ Head of Organised Crime, its Head of Proceeds of Crime and Revenue and Customs Prosecutions Office’s Head of Asset Forfeiture Division.
Áine Kervick is an Associate in the Criminal Litigation team with a wide range of criminal litigation experience. She provides advice and representation to individuals and corporates from the initial stages of criminal investigations up to trial. Her experience spans a range of industries and she regularly carries out internal investigations in corporate matters where there are allegations of wrongdoing and/or suspected criminality. She was part of the team working on the LIBOR II trial which involved allegations of a conspiracy to manipulate the LIBOR rate in which the client was acquitted after a trial lasting nearly 4 months.