Lutte contre la corruption

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  •  
    27/05/2024
    Europe

    Aven v Council (T-301/22) and Fridman v Council (T-304/22)

    IntroductionThe EU and many other countries impose financial sanctions on individuals. These people, who are often wealthy businessmen with ties to particular governments, are “designated” under the relevant sanctions regime. The consequences of such designation are usually dire and, usually, any challenge to such a designation will be extremely difficult.However legal challenges are possible in the EU and other jurisdictions, and sometimes succeed. A recent example is the case of Mikhail Fridman and Petr Aven, who have persuaded a lower court of the EU to overturn their designation...
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  •  
    05/02/2024
    Chine

    2024 – Topics that may Concern You

    In China, companies constantly have to deal with changes in regulations and new laws. This will also continue in 2024.Topics such as update to the PRC Company Law, adapting Joint Ventures in accordance with the PRC Foreign Investment Law and the PRC Company Law, cross-border data transfer, employment management in the digital age, developments in China's competition law regime etc. will continue to be a concern for most companies in China in 2024. Complying with regulatory requirements is one of the key challenges for foreign companies and investors in China, not only in terms of general compliance,...
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  •  
    21/12/2023
    South Africa

    Key considerations in carrying out an effective forensic due diligence

    There is no doubt that commercial crime is a risk faced by all organisations across all industry sectors. It is, accordingly, critical for organisations to implement meaningful measures to mitigate the risks occasioned by fraudulent and corrupt conduct or practices. As part of these measures, organisations need to ensure that they conduct effective forensic due diligence on their business partners and vendors. This will go a long way in assisting organisations to understand the commercial crime risk that these entities may pose to them.The lack of effective forensic due diligence on business partners...
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  •  
    21/12/2023
    South Africa

    Using Forensic Due Diligence as an effective tool to combat fraud and corruption in your organisation

    During the past decade, the South African public has witnessed an unprecedented enquiry (facilitated by the Commission of Inquiry into State Capture (the Zondo Commission)) into how certain key decision and policy makers had been compromised, to serve the personal financial interests of a select few role players, at the expense of the interests of an entire country. Through the perpetration of procurement fraud and solicitation payments (amongst other methods), even the most reputable local and multi-national private sector institutions (knowingly or unknowingly) became complicit in advancing...
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  •  
    14/12/2023
    England and Wales

    Bribery in the gambling sector: change,“non-le­ga­lity” and grey areas

    For several years the UK authorities, including HMRC, have been investigating allegations of bribery in connection with gambling operations in or relating to Türkiye (the new official name of Turkey). Those under investigation included  GVC Holdings plc, which in 2020 was re-named as Entain Plc.On 5 December 2023, the investigation was resolved by the entry into a “deferred prosecution agreement” (“DPA”) between the Crown Prosecution Service and Entain.  The DPA requires payment  by Entain of penalties, disgorgements and costs totalling £615 million. A...
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  •  
    14/12/2023
    South Africa

    Benefits of forensic due diligence cannot be overstated

    Firms that have conducted solid due diligence on their business partners and/or third parties have seen the benefits of investing in these procedures. There can be no doubt that fraud, along with other economic crimes such as money laundering and corruption, place a huge burden on both the SA economy and individual organisations.But the cost is not only financial. Incidents of economic crime, once uncovered, can do serious harm to an organisation’s reputation and the trust its stakeholders have in it. Once lost, that reputation and trust can be tough to claw back. It is also true that...
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