Included in this issue: Time for a new Bribery and Corruption Act for Ghana; OECD report on UK implementation of anti-bribery convention; Tesco takes DPA after two year SFO investigation and more...
Bribery and Corruption
Judicial review judgment on Unaoil and others v Director of the Serious Fraud Office
The High Court has ruled in favour of the SFO in a judicial review claim brought by Unaenergy Group Holding Pte Ltd, Unaoil Monaco SAM, Ata Ahsani, Cyrus Ahsani and Saman Ahsani.
The claimants alleged that the SFO had unlawfully misused its investigatory powers by embarking upon a fishing expedition and requesting that Monaco police carry out a raid of the offices of Unaoil.
The full judgment can be read here.
Time for a new Bribery and Corruption Act for Ghana
In an article regarding Ghana's plans to overhaul its criminal justice system, including its legal framework concerning corruption in Ghana, Korieh Duodo, argues that Ghana's new Bribery and Corruption Act 2017 "should - unlike the United Kingdom’s Bribery Act or the USA’s Foreign Corrupt Practices Act - be in plain English and understandable and accessible to all citizens". In particular, the act should "have all the offences in one place and be designed to be easily socialised into society." Mr Duodo further comments that Ghana should also use this opportunity to introduce a new corporate or private bribery offence. Bribery between citizens is not currently outlawed in Ghana.
Mr Duodo is a consultant for Addleshaw Goddard and team leader at the Ghanaian anti-corruption NGO, Strengthening Action Against Corruption.
JMLSG publishes proposed revisions to Part I of its guidance on Money Laundering
The Joint Money Laundering Steering Group (JMLSG) has published proposed amendments to Part I of its guidance on the prevention of money laundering and the financing of terrorism for the UK financial services industry.
The proposals reflect the provisions of the proposed draft new Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 published by HM Treasury on the 15 March 2017.
Comments on the proposed revisions are invited by 28 April 2017.
OECD report on UK implementation of anti-bribery convention
The Organisation for Economic Co-operation and Development has published a report on the UK's implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
House of Commons raises Urgent Question on the allegations of money laundering against British Banks
Shadow Chancellor, John McDonnell, asked an Urgent Question in the House of Commons, in respect of allegations that a number of British-registered high street banks did not prevent the processing of $740 million from a Russian money laundering scheme known as the "Global Laundromat".
It has been noted that there are vast sums of potentially criminal Russian money entering the UK. The Guardian reports that banking records were obtained by the Organized Crime and Corruption Reporting Project (OCCRP) and Novaya Gazeta. The documents include details of around 1,920 transactions that took place in the UK. The records obtained are understood to be part of the evidence gathered in a money laundering investigation led by the authorities in Moldova and Latvia, which has been running for three years.
Tesco takes DPA after two year SFO investigation
Tesco Stores Limited has agreed to enter into a Deferred Prosecution Agreement with the Serious Fraud Office (SFO) in respect of the SFO's investigation in respect of the Tesco's accounting scandal, whereby, Tesco's posted profits that were incorrect by a margin of £363 million.
Under the terms of the DPA, which is still subject to the approval of Sir Brian Leveson QC on 10 April 2017 at the Southwark Crown Court (sitting at the Royal Courts of Justice), Tesco has agreed to pay a financial penalty of £128,992,500 and the SFO's full costs. It is understood that the DPA concerns only the potential liability of Tesco Stores Ltd and does not address whether liability attaches to Tesco PLC or any employee of the Group Company or Tesco Stores Limited.
Health & Safety
Inflite Engineering Limited fined after two men fall whilst carrying out checks on the tail of an aeroplane at Stansted airport
An engineering company has been fined after two men fell 15 feet whilst carrying out checks on the tail of an aeroplane at Stansted airport.
The men were working from mobile elevated platforms when another employee closed the wrong circuit breaker which opened the planes airbrake and knocked over the platforms.
One of the men suffered a broken pelvis, back, ribs and a punctured lung. The other man broke his wrist and chipped a bone on his spine.
Inflite Engineering Limited, based a Stansted Airport, pleaded guilty to breaches under Sections 2 and 3 of the Health and Safety at Work Act 1974. The company was fined £160,000 plus costs of £5,492.90.
SR and RJ Brown Limited convicted of corporate manslaughter and bosses jailed
A firm has pleaded guilty to corporate manslaughter and three company bosses have been jailed after a worker was killed when he fell from the roof of a structure on which he was working.
Benjamin Edge was working on the roof without any safety equipment when he fell suffering serious head injuries, he was later pronounced dead in hospital. MA Excavations contracted the work out to SR and RJ Brown Limited run by brothers Christopher and Robert Brown. MA Excavations believed the Browns to be competent but did not check their qualifications. After the accident Christopher Brown ordered a colleague to bring a harness to site to make it look like the safety equipment had not been worn and the accident was Mr Edge's fault.
SR and RJ Brown Limited was fined £300,000 and pleaded guilty to corporate manslaughter. The Browns also pleaded guilty to perverting the course of justice and two health and safety breaches and were jailed for 20 months. Mark Aspin of MA Excavations was jailed for one year and the company were fined £75,000 after pleading guilty to two health and safety breaches. Peter Heap, the colleague ordered to collect the harness, was sentenced to 4 months suspended for 2 years.
Whirlpool fined after worker’s death
Whirlpool UK Appliances Limited has been fined after a self-employed contractor died after falling from a mobile elevated work platform (MEWP).
The contractor was working at a height of just under 5 metres when Whirlpool maintenance workers, who were unaware that the contractor was working nearby, started an overhead conveyor. The movement caused the MEWP to tip over and the contractor to fall, he later died from his injuries.
Whirlpool UK Appliances Limited pleaded guilty to breaching section 3 of the Health and Safety at Work Act 1974 and was fined £700,000 and ordered to pay costs of £11,466.
Laing O’Rourke fined £800,000 after worker fatally crushed at Heathrow Airport
Laing O'Rourke Construction Limited has been fined following the death of a worker at Heathrow Airport in 2014.
Philip Griffiths was hit by a reversing vehicle as he tried to move a broken down scissor lift. Paul Griffiths was attempting to tow the scissor lift using a dumper truck when his foot became trapped between the brake and the accelerator resulting in the truck reversing. Philip Griffiths, who was standing between the two vehicles, suffered crush injuries and died at the scene.
Following the incident on 2 October 2014, Laing O’Rourke Construction Limited pleaded guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007, was fined £800,000 and ordered to pay costs of £10,000.