Day: June 19, 2018

On 19^th June, the EU published Council Decision 2018/880/CFSP which renewed EU sanctions to 23^rd June 2019.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.155.01.0005.01.ENG&toc=OJ:L:2018:155:TOC

Latham & Watkins LLP on 18^th June reported that a new UK policy establishes a commitment to providing victims of overseas bribery with compensation; however, important questions remain that will impact implementation.  It reports that general principles recently issued included the statement that UK enforcement agencies have committed to consider whether victim compensation is appropriate in “all relevant cases,” including those resolved by prosecution, a deferred prosecution agreement (DPA), or a civil settlement; and using remedies under the Proceeds of Crime Act 2002 or the Powers of Criminal Courts (Sentencing) Act 2000.  It is noted that the UK has provided compensation on at least 5 occasions in cases of overseas bribery since 2014.

https://www.latham.london/2018/06/uk-to-provide-compensation-for-overseas-victims-of-economic-crimes/#page=1

On 15^th June, Kingsley Napley reported that the committee will examine: the effectiveness of the Act; whether there has been stricter prosecution of corrupt conduct; a higher conviction rate; and, a reduction in such conduct.  In order to “assist” the House of Lords, the Ministry of Justice has published a post-legislative scrutiny memorandum.  It is the view of the Ministry of Justice that the Bribery Act 2010 has fulfilled the functions that Parliament intended it to perform.  However, prosecutions have been relatively few and far between (16 in total).  The article concludes by saying that the committee will be taking evidence throughout the summer and autumn and will be reporting in 2019.  It remains to be seen if the committee will reach the same conclusion as the Ministry of Justice.

https://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/bribery-act-2010-under-scrutiny#page=1

The Crime Russia website on 18^th June, citing a Tagspiegel article, alleged that Russian mafia bosses have increased their dominance in Germany as, since 2009, the turnover in the German real estate sector has grown significantly.  However, it also says that in real estate laundering the Italian mafia group Ndrangheta plays the biggest role.  The article also mentions reports that the total worth of the real estate items belonging to Russian sanctioned businessman Arkady Rotenberg is at least €1 billion, although the Russian billionaire denied that the property belonged to him.

https://en.crimerussia.com/organizedcrime/russian-mafia-laundering-money-through-german-property/

On 18^th June, EU Reporter carried an article about the OLAF annual report in which the organisation details it s attempts to stem a lucrative “trade that stretches from counterfeiters in China and renegade factories in Russia to Indian reservations in New York and warlords in Pakistan and North Africa”.  The article says that a 2017 study, analysing the cigarette smuggling in the EU, Norway and Switzerland, revealed that in 2016 more than 9% of all cigarettes consumed in Europe were illegal – 48 billion cigarettes, with 5 countries – France, Poland, UK, Germany and Italy – accounted for more than 62% of all illegal consumption in Europe.  In particular, OLAF mentions the illegal activities of tobacco smuggling in Montenegro, which already has huge problems of illegal trade of tobacco in its Free Trade Zone located in the port of Bar.  Another problem area, it says, is tobacco smuggling into the EU territory by road from third countries such as Belarus, Ukraine and Russia.

https://www.eureporter.co/frontpage/2018/06/18/how-is-olaf-fighting-illicit-cigarette-market/