White-Collar Crime & Regulatory Enforcement
2009 | Digital Guide

172 pages

These are challenging times for companies and their employees. Market downturns usually give rise to an increase in corruption and white collar crime, and a number of high profile scandals have rocked financial markets in recent months. Managing exposure to potential fraud and related risks has become a key corporate concern.

At the same time, regulators have ramped up their monitoring and enforcement procedures to tackle the issue. Companies need to prepare to deal with investigations by the authorities, pre-empt problems before they arise and keep abreast of the significant regulatory changes emerging on a daily basis.

CONTENTS

United States

• Internal Control Failures Lead to Parent Liability for a Subsidiary’s FCPA Violations
• Compliance Programs are Not Enough
• Internal Investigations Don’t Have to Break the Bank
• Seeing Your Business Through The Eyes of a Fraud Investigator Watching Your Back: Conducting Investigations with an Eye Toward US Regulators
• White Collar Crime in America
• Areas of Risk: Internal Investigations and More
• How Victims of Fraud are Compensated
• Fraud Enforcement and Recovery Act

Canada

• An Introduction to Securities Investigations in Ontario

Brazil

• White-Collar Crime in Brazil

Europe

• Anti-Money Laundering Measures and Tax Fraud Inquiries
• Conducting Internal Investigations - the External Counsel’s Perspective
• Anti-Corruption and Competition Legislation in Small Countries - the Examples of Switzerland and Hungary

United Kingdom

• Civil Recovery: a New Tool for Recovering the Proceeds of Crime
• Avoiding Common Pitfalls During an Internal Investigation
• Regulatory Enforcement in UK Financial Services: No More Mr Nice Guy?
• What Secrets are Hidden in Your Systems?
• Electronic Evidence: a Primer for White-Collar Crime Investigations
• The United Kingdom’s New Anti-Bribery Legislation
• Fraud on the Rise: Understanding the Motivation and Reducing the Risk
• Agents and Their Intermediaries

Guernsey

• Breaking Out the Arsenal - Dealing with Offshore Regulatory Investigations
• When Good Funds Go Bad: Re-Fund to Sender

Italy

• Ethical Code and Disciplinary System
• General Overview on Legislative Decree 231/2001
• Organisational Models Pursuant to Legislative Decree 231/2001 and Appointment of the Compliance Body
• White Collar Crimes Under Italian Law
• Designing and Implementing Compliance Programs
• How to Avoid the Substantial Risks of Government Investigations and Criminal Proceedings
• How to Avoid the Committing of Fraud and Corruption and to Mitigate the Relative Risks
• How to Carry Out an Internal Investigation

Spain

• Economic Decline and White Collar Crime
• Prosecuting White Collar Crime

Switzerland

• Some Aspects of Data Protection Law in Switzerland: Monitoring Employees and Being Monitored as an Employer
• Criminal Liabilities in the Course of Swiss Bankruptcies
• Administrative Assistance in Tax Matters - Present and Future Challenges for Switzerland

Sweden

• Money Laundering Reports Increase in Sweden
• Implementation of the EC Money Laundering Directive in Sweden - an Overview
• Regulatory Enforcements in Sweden - an Overview
• Finland
• Conducting Investigations in Finland when a Company or its Employees are Suspected of Committing a Crime
• Finnish Provisions Against Economic and Political Corruption
• New White Collar Crimes in Finland - Securities Market Offences

Poland

• Prevention, Detection and Prosecution of Business Crime in Poland
• Public Entities - Internal Audit and Tender Mechanisms
• Asia Pacific
• Dealing With Government Raids
• Designing and Implementing Compliance and Anti-Corruption Programs for Operations in Asia
• The ABCs of Internal Investigations
• Forensic Accountants in the Modern and Digital Age
• Detecting Corporate Fraud
• Crisis Containment - Dealing with the Unforeseen
• Mitigating Corporate Risk in Asia - an Overview
• Mitigating Against Corporate Fraud in Asia

Australia

• Bad Medicine - the Application of the Foreign Corrupt Practices Act to the Pharmaceutical Drug and Device Industry in Australia
• Australia’s Response to the OECD Convention on Combating Bribery
• Preventing Corporate Fraud

India

• Designing and Implementing a Compliance and Anti-Corruption Program

Indonesia

• Indonesia’s White-Collar Crime Regulatory Framework
• Employment Aspects of Corruption in Indonesia

Thailand

• Criminal Liability and the Thai Customs Act

South Africa

• The Insider Trading Regime in South Africa
• Statutory Measures Relating to Combating White Collar Crime in South Africa
• White Collar Crime, Creditors and Costs