Included in this issue: Aircraft Manufacturer settles US Bribery Probe; US Financial Crimes Enforcement Network issues an Advisory; David Green - Common Select Committee Questions and more...

Bribery and corruption

Aircraft Manufacturer settles US Bribery Probe

Brazilian aircraft manufacturer, Embraer S.A., has settled with the US Department of Justice in relation to charges that it breached the Foreign Corrupt Practices Act.

The company has agreed to pay a penalty of more than $107 million in connection with bribes paid to government offices in the Dominican Republic, Saudi Arabia and Mozambique in addition to falsely recorded payments in India via a fake agency agreement.

Department of Justice, 24 October 2016

Chinese Officials punished for corruption- statistics

It is reported that the Chinese Communist Party has published statistics indicating that more than one million officials have been punished for corruption since 2013.

It is understood that those affected include top ministers as well as more low-ranking officials and members of business and media establishments.

BBC News, 24 October 2016

Cyber crime

US Financial Crimes Enforcement Network issues an Advisory

The U.S. Treasury Department's office of Financial Crimes Enforcement Network (FinCEN) has released an advisory to financial institutions to assist in their understanding of their obligations under the US Bank Secrecy Act in respect of cyber events and cyber-enabled crime.

The advisory touches on a number of issues, including institutions' reporting requirements, relevant and available cyber-related information and information sharing among institutions to effectively safeguard against and report money laundering, terrorist financing and cyber-enabled crimes.

FinCEN, 25 October 2016


David Green - Common Select Committee Questions

David Green, Director of the Serious Fraud Office (SFO), attended a session held by the Common Select Committee on 25 October 2016.

Following this it has been reported that the SFO expects to agree some "significant" corporate plea deals in the near future. It is also considering further charges in relation to its investigation into the manipulation of LIBOR.

Reuters, 25 October 2016, 25 October 2016


U.S. House to vote on Iran Sanctions Act

It is reported that Republican leaders of the US House of Representatives are intending to vote on a 10-year reauthorisation of the Iran Sanctions Act (ISA) as soon as mid-November.

The ISA allows trade, energy, defence and banking industry sanctions over Iran's nuclear program and ballistic missile tests.

Reuters, 25 October 2016

Health and safety

Council fined after man dies and another injured in road works

Liverpool City Council and two of its contractors have been prosecuted after a man died and another was seriously injured in road works taking place in a city centre road.

A 74 year old man was hit by a car while using a crossing at temporary lights, the lights had stopped working and no alternative had been provided. The man suffered head injuries.

The following month a 69 year old man died when he was hit by a car as he attempted to cross a single line of traffic on the same road using a temporary pedestrian crossing.

Enterprise Liverpool Limited and Tarmac Trading Limited were contracted by Liverpool City Council to carry out the works.

Liverpool City Council pleaded guilty to breaching Regulation 9(1) of the Construction (Design and Management) Regulations 2007 (CDM) and were fined £15,000 plus £100,000 costs. Enterprise Liverpool Limited pleaded guilty to breaching Regulation 22(1) of the CDM and were fined £25,000 plus £80,000 costs. Tarmac Trading Limited pleaded guilty to Section 3(1) of the Health and Safety at Work etc. Act, 1974 and were fined £1.3 million and ordered to pay £130,000 costs.

SHP Online, 21 October 2016

Recycling firm fined after worker injured in shredder

A Kent based recycling company has been fined after a worker was injured whilst repairing a shredder.

A plant mechanic employed by Countrystyle Recycling Limited was repairing the shredding machine when it restarted. He was kneeling on the conveyor belt inside the shredder and was thrown from the machine suffering a fractured leg and arm.

The HSE found that the company had failed to enforce the 'safe stop' process which should be followed when using dangerous machinery and that unchallenged poor practice had become the norm.

Countrystyle Recycling Limited was fined £300,000 and ordered to pay £8,903 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

HSE, 21 October 2016

Farming and drilling contractors fined after mast strikes power line

Two Norfolk-based companies have been fined after a worker suffered life-changing injuries following an overhead power line strike.

L F Papworth Ltd and T. W. Page & Son Ltd were undertaking drilling work for crop irrigation when Jonathan Howes, an employee of T.W. Page & Son, was operating a lorry mounted drilling rig when it came into contact with a power line above the field. Mr Howes suffered serious injuries including extensive burns to his scalp, arms, legs and feet and lost two toes.

L F Papworth Ltd pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £134,000 with £6484.45 costs.

T.W. Page & Son Ltd pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £80,400 with £6596.05 costs.

HSE, 24 October 2016

Key Contacts

Nichola Peters

Nichola Peters

Partner, Head of Global Investigations/Inquiries

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