Misquoted

My favourite misquotation is “money is the root of all evil” or for those of you with a Latin bent, “radix malorum est cupiditas.” The correct quotation of the words from the King James Bible, 400 years old almost to the day, is in 1 Timothy 6.10. “For the love of money is the root of all evil;…..” The addition of the concept of the love of money completely alters the usual misquotation.

Now I would not want my reader to think that references in the rest of this piece to the Bribery Act 2010 are all about a failure to quote correctly or accurately. Much has been written about this piece of legislation since it was first passed last year not least because of the furore over the inability of the MoJ to publish the guidance promised by section 9 which in turn has led to the postponement of the date when the Act comes into effect. In fact more nonsense has been written about the Act than on almost any other topic I can currently think of. There are of course honourable exceptions to this broad criticism but when you realise that US business has had to deal with the Foreign  Corrupt Practices Act for over 30 years it is difficult to understand what the fuss is all about.

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Bribery, corruption and the free lunch

It is nigh on impossible to open a serious newspaper or magazine these days without finding an article on the Bribery Act 2010 which was supposed to come into force in April 2011, after publication of the guidance promised by the Government. I recall that such guidance was to be published three months before the legislation comes into force and now we learn that it will not see the light of day any time soon and it will  be much later in the year before the Act  takes effect, if ever.

There has been so much commentary on the Act and its likely effects that I hesitate even to mention it. Many organisations, and not surprisingly a number of law firms, have posted articles and commentaries on the internet.  These firms include Allen & Overy, Freshfields and Norton Rose and you can access their views by clicking the appropriate link above.

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Bribery and corruption

At last, I have come to the attention of the US Department of Justice.

Though some of you may have suspected me for some time, I am going to have to disappoint you!  Someone in the DOJ has found my blog and last week spent more time reading more pages than anyone else on that particular day. Now, I do not know why the DOJ has become interested in a blog on the subject of e-discovery written by a former litigation partner at a large international law firm but the knowledge that he or she had looked at the blog led me to think about the Foreign Corrupt Practices Act (FCPA) and our own Bribery Act 2010.

We have been used to acting for lawyers and their clients for some time in relation to FCPA cases and clients in this country will have to get used to handling regulatory investigations and prosecutions which may arise in future under the new legislation which received the Royal Assent on 8th April as part of the wash up procedure at the end of the last Parliament.

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