SFO v ENRC – The Decision and Its Implications for Corporate Investigations in the UK

By: Adam Garside and Ben Johnson

On 8 May 2017, the English High Court of Justice handed down judgement in The Director of the Serious Fraud Office (SFO) v. Eurasian Natural Resources Corporation Limited (ENRC), in which the SFO sought a declaration to compel ENRC to produce certain documents under s.2(3) of the Criminal Justice Act 1987 (CJA 1987) as part of its criminal investigation into the activities of ENRC, its subsidiaries, officers and employees, which it opened in 2013.

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Exposure of James Comey’s Personal Social Media Accounts Stresses the Importance of Social Media Investigations

By: Jonathan Taber

On March 30, 2017, FBI Director James Comey’s personal Instagram and Twitter accounts were exposed by Gizmodo reporter Ashley Feinberg.[1] While Comey publicly handled the exposure (and his thousands of new followers) in stride, the length of his efforts to camouflage his online identity indicate that the privacy of his accounts was no laughing matter.

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SEC Enforcement Actions Highlight the Intelligence to Be Found in Corporate Control Contests

By: David A. Holley

Berkeley Research Group’s Global Investigations + Strategic Intelligence experts provide a unique service to boards of directors and their advisors involved in contests for corporate control. Their role is to develop information through investigation to allow clients and their advisors to make the most informed decisions consistent with their goals and legal strategy. Frequently, this information takes the form of diligence on the proffered slate of dissident directors or the proposed transaction. Our experts seek to identify and bring to light information for our clients to use to shape their shareholder engagement strategy. Our team has decades of experience conducting investigations in connection with hostile takeover defense.

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Mexico’s New National Anti-Corruption System

With the implementation of the new anticorruption legislation in Mexico in July of 2016, Mexican President Enrique Pena Nieto and the Mexican government have demonstrated their continuing commitment to combat corruption, support transparent governance and improve the ability of organizations to operate free of the systemic corruption that has plagued both the public and private sectors in Mexico for decades. Continue reading Mexico’s New National Anti-Corruption System

CEO Fraud and Business Email Compromises

On April 4, 2016, the Federal Bureau of Investigation issued a warning of a “dramatic rise” in business email compromises (BECs) and CEO frauds. The following summarizes Berkeley Research Group’s Global Investigations + Strategic Intelligence practice’s view of this growing fraud and provides actionable intelligence for alerting employees and practical tips to avoid becoming a victim.

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The Draft ISO 37001 Anti-Bribery Standard’s Promise and Limitations

By: David A. Holley and William Marquardt

This past April, the International Organization for Standardization (ISO) released its draft standard on anti-bribery management systems (ISO 37001). The standard is tentatively scheduled to be finalized later this year. In substantive content, the draft ISO standard is similar to the FCPA Resource Guide provided by the U.S. Department of Justice and Securities and Exchange Commission, in that it provides a list of elements that an effective anti-bribery/corruption (“ABC”) program should contain.

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