Frequently Asked Questions in Anti-Bribery and Corruption (eBook)

David Lawler specialises in resolving complex and high risk financial and investigative problems. His clients include international companies, SMEs, and individuals, many of whom are under investigation by regulators or prosecutors. An expert in using database and visualisation software to find needles in massive data haystacks, he has conducted in-country bribery investigations in Asia, Africa, the Middle East, Central Asia, and Europe. He has helped companies which are under investigation by the DOJ and the SFO to test their anti-bribery compliance systems and has brought their controls up to 'best of breed'. He has been involved with the assessment of penalties on several high profile FCPA settlements. David has been retained by companies and their legal advisors to investigate allegations of white-collar crime and wrongdoing, and the follow-on claims that arise. He has provided independent expert evidence to courts and tribunals on questions of value, benefit, solvency and loss. Dr Lawler is a Fellow of the Institute of Chartered Accountants in England and Wales, a Certified Fraud Examiner, a Member of the Academy of Experts, and an accredited commercial mediator. He is a partner in the London office of Forensic Risk Alliance, a US and European forensic accounting and e-disclosure consultancy.

About the Author xiii

Acknowledgements xv

Bribery Acronyms and Terms, and a Quick Index xvii

Introduction 1

1 Timeline 5

2 Who Pays Bribes? 19

3 What Are the Key Sets of Rules that Govern InternationalBribery? 69

4 Frequently Asked Questions 97

5 How Do I Set Up Proportionate Yet Effective Anti-BriberyCompliance Procedures? 343

6 How Do I Carry Out a Review to Detect and Deter Bribery?405

7 Cautionary Tales - What Happens If You Get Caught?433

8 What Are My Predictions for 2012 and Beyond? 455

9 Appendices 483

References 525

Get the Text of the Statutes on Your Smartphone from theFollowing QR Codes 545

Do I Need to Read this Book (Again)? 547

Index 549