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Now anti-corruption groups from over twenty countries have joined in the call, noting that the program will have a massive transnational reach. The four recommendations called for by the international anti-corruption groups echo those previously made by other whistleblower advocates.
In December, the United Nations held the tenth session of the Conference of the States Parties (CoSP10) to the United Nations Convention against Corruption (UNCAC) in Atlanta. The Conference is the largest global anti-corruption gathering. Article 5 , and the IUCN’s Marseille Resolution 115, WCC-2020-Res-115 ).
I recently provided comments for an article in the Anti-Corruption Report examining recent Department of Justice (DOJ) settlements under the Foreign Corrupt Practices Act (FCPA). In two of the settlements, U.K.-based
Treasury Department and Financial Crimes Enforcement Network (FinCEN) to craft regulations for the recently established Anti-Money Laundering (AML) Whistleblower Program that are consistent with the United States’ global anti-corruption agenda. s anti-corruption agenda.
Anti-corruption in aid-funded procurement: Is corruption reduced or merely displaced? Available online: [link] Given a widespread sense among donors that mainstream anti-corruption reforms over the past 25 years have failed to yield results, there is a move towards more targeted interventions. David-Barrett E. and Fazekas, M.
In a new article , leading whistleblower attorney Stephen M. In particular, Kohn highlights actions that Congress and federal agencies can take to align the nation’s whistleblower programs with The United States Strategy on Countering Corruption. Anti-Corruption Strategy.” Anti-Corruption Strategy.
In a new article for Bloomberg , Kohn outlines how the program is set up to be a game changer for the United States’ anti-corruption efforts. The Anti-Money Laundering Whistleblower Improvement Act has potential to be the most effective transnational anti-corruption law on the books,” writes Kohn. “In authorities. writes Kohn.
The present article briefly introduces the case’s background and the objection surrounding the illegality of the investment. The Tribunal, quoting the World Duty Free v.
You are reading the January 2024 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. To stay up to date, subscribe to our GovCon & Trade blog.
You are reading the November 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. To stay up to date, subscribe to our GovCon & Trade blog.
You are reading the September 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. Two noteworthy Foreign Corrupt Practices Act (FCPA) settlements were announced in September. First, U.S.
A full list of our procurement blogs, including checklists for contracting authorities and suppliers to make sure you are ready for the Act, can be found here Procurement Law Articles & Blogs.
The Supreme Court of Iran has rendered a historic decision, providing insight into the proper interpretation of Article 139 of the Iranian Constitution concerning administrative approvals for agreements to arbitrate, which has been considered to be a major hurdle to arbitration in Iran. Law will specify the important cases intended here.”
This article provides a brief summary of these developments, starting with a national perspective and discussion of the key issues regarding the draft amendments to the PRC Arbitration Law. Correspondingly, the draft also removed the requirement of an arbitration commission to constitute a valid arbitration agreement.
Since the announcement, whistleblower advocates have noted that the whistleblower program has the potential to greatly bolster the DOJ’s efforts to combat fraud and corruption. Kohn’s piece echos an article published in April by former-SEC Commissioner Allison Herren Lee. On May 24, leading whistleblower attorney Stephen M.
“Interviews with attorneys who participate in the program and a review of SEC decisions — along with court cases challenging some of those decisions — portray a program straining under the weight of its success,” the article states. The article features insights from leading whistleblower attorney and advocate Stephen M.
In his article “ The Future of Public Infrastructure is Digital “, Bill Gates envisions a world where infrastructure is smarter, more efficient, and digitally integrated. Fraud Detection : Machine learning models can monitor procurement transactions for irregularities, reducing corruption risks.
On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Worley may have willfully failed to monitor and investigate Tecnazul’s corrupt activities.
You are reading the August 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. To stay up to date, subscribe to our GovCon & Trade blog. There were also a few China-related actions.
Kohn previously outlined the reforms in an article for the National Law Review. Anti-Corruption Strategy. Kohn of Kohn, Kohn & Colapinto appeared on Federal Drive with Tom Temin to discuss the seven whistleblower reforms that are most urgently needed in 2024. All seven of these reforms have strong bipartisan support,” Kohn says.
Morgan Securitie s LLC in which the company agreed to pay $18 million to settle charges that it impeded the ability of advisory clients and brokerage customers to blow the whistle to the SEC. This was the largest penalty ever levied by the SEC for such a violation.
Satyendra was murdered over 20 years ago upon exposing corruption involved in the construction of India’s largest highway project at the time, which resulted in poor quality of work and the looting of public money. Many think of a specific name of a whistleblower whose story became a national sensation.
Now, thanks to an Ezra Klein article in the NYT about industrial policy , an incidental topic only loosely connected with public procurement, I think it is possible to encapsulate the idea. This article from the WSJ hits the nail on the head with clear examples of said objectives leading to fraud.
In a recent Bloomberg Tax article , whistleblower attorney Stephen M. American taxpayers require an effective anti-corruption program at the IRS, and its Whistleblower Office is key to this initiative. In 2022, John Hinman became the Director of the Whistleblower Office and began implementing measures to improve the program.
derivatives markets,” wrote Kohn in an article calling for the passage of the bill. “The bipartisan Whistleblower Fund Improvement Act will ensure that the CFTC whistleblower program will not be a victim of its own success and can continue to help root out fraud in the U.S.
The DOJ announced a sprint to develop the program in March and whistleblower advocates noted that the whistleblower program had the potential to greatly bolster the DOJ’s efforts to combat fraud and corruption.
According to the DCC, Article 54(4) of the UAE Federal Arbitration Law No. This decision ushered a shift in the position of the DCC, which was then formally settled through the recent decision of the General Assembly and which references Article 54(4) of the UAE Arbitration Law. Concluding Remarks General Assembly’s Decision No.
This article provides an overview of recent changes introduced to the arbitration regime of Ethiopia, such as the ratification of the New York Convention (“NYC”) and the subsequent adoption of a national arbitration law with a particular focus on the enforcement of interim measures and awards.
The CFTC Whistleblower Program has proven to be highly effective in combating commodities fraud as well as international corruption,” said whistleblower attorney Stephen M. derivatives markets,” wrote Kohn in a previous article calling for the passage of the bill. Kohn of Kohn, Kohn & Colapinto. “We
In doing so, the Supreme Court confirmed the cardinal rule of procedural autonomy in Article 1700, §§ 1 and 2 BJC, which enacts Article 19 of the UNCITRAL Model Law. We then move on to France, where we publish extracts from three judgments of the French Supreme Court. The first two are commented on by Prof.
Wearing a second hat as an author of an article, Gaillard strongly criticised the SGS II approach. Therefore, Gaillard’s same conviction regarding umbrella clause travelled from his written memorial as a “counsel” to an article as a “scholar” further to an award as an “arbitrator” within a span of two years.
World-renowned law professor, Masaki Iwasaki, argues that countries should “ Reward whistleblowers who expose environmental crimes ,” in a recent article in the esteemed journal Nature. Whistleblowers are invaluable guardians of our natural environment, and complement law enforcement,” writes Professor Iwasaki.
An award conflicts with public policy if it was induced by fraud or corruption or was procured in breach of natural justice (see section 59 of the AA). Judicial independence in Guyana is ensured by Article 122A of the Constitution of Guyana , but perhaps a true picture requires an analysis of decisions.
Article 16 of the PRC Arbitration Law provides that an arbitration agreement must contain three particulars, including a designated arbitral commission selected by the parties. Without this, an agreement is invalid by way of Article 18. Accordingly, Articles 16 and 18 of the Arbitration Law of the PRC had been satisfied.
Its existence precludes disputing parties from bringing their dispute to court: see Article 3 of the Arbitration and ADR Law of the Republic of Indonesia (“Arbitration Law”), which stipulates that Indonesian courts have no jurisdiction to try disputes between parties bound by an arbitration agreement.
Accordingly, this article will analyze the approach applied by Lithuanian courts regarding the enforcement of annulled foreign arbitral awards. Lithuania is no exception. The Territorial, Westphalian and Transnational Theories Most agree that annulled awards may still be recognized and enforced outside of the arbitral seat.
Improper retention of privileged and confidential legal documents : P&ID improperly obtained, retained, and misused Nigeria’s privileged and confidential legal documents, and used these to monitor whether its corruption had been uncovered and to track Nigeria’s case strategy throughout the arbitration.
In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. This continuous data flow strengthens public trust by minimizing corruption risks and reaffirming a commitment to transparency. Waste broadly refers to suboptimal decision-making in the allocation of public resources.
Securities and Exchange Commission (SEC) Office of the Whistleblower posted a Notice of Covered Action (NoCA) for an enforcement action taken against the 3M Company over allegations that a subsidiary company based in China violated the Foreign Corrupt Practices Act (FCPA). 3M agreed to pay the SEC $6.5
More progressively, Article 26 of the 2018 DIS Arbitration Rules obliges the arbitral tribunal to discuss with the parties the possibility of amicable settlement of the dispute or of individual disputed issues. Such a provision could be easily incorporated into the existing institutional rules, for instance, in Article 24.2
Key Takeaway – The Decision Narrows Federal Government Authority to Prosecute Corruption by Local Officials By carving out rewards, or gratuities, offered and accepted after an official act, the Supreme Court has substantially narrowed the scope of Section 666. View the full article
The SCCAs joinder provisions (Article 12) are one such feature that is particularly important in construction disputes. Equally important is the SCCAs provision for the early disposition of claims or defences (Article 26). Other features of the SCCA rules are also worth highlighting.
But also when you’re dealing with the export of defense articles, you’ve got to deal with a whole other set of issues. company is going to obtain a commercial export license for those defense articles from the State Department, which will allow them to negotiate with and sell directly to a foreign government.
In the 2023 Fiscal Year , the agency received whistleblower tips on “market manipulation, spoofing, insider trading, corruption, illegal swap dealer business conduct, recordkeeping or registration violations, and fraud or manipulation related to digital assets, precious metals, and forex trading.”
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