2018 In Review: Corporate Crime Developments

Author:Mr Gregory Glynn, Deirdre O'Mahony, Richard Willis and Joanelle O'Cleirigh
Profession:Arthur Cox

Following on from the publication at the end of 2017 of the Government's White Collar Crime Package, 2018 was a busy year in the corporate crime sphere. Here is a quick round-up of the key legal developments. You can read about other developments of interest here. We will continue to keep you updated on all relevant corporate crime developments in 2019.

Anti-Corruption Developments

The most significant development of the year was the enactment of Ireland's new anti-corruption legislation. The Criminal Justice (Corruption Offences) Act 2018 provides for a number of corruption related offences that may be committed by both companies and their officers. The enactment of this legislation highlights the importance of having clear and comprehensive anti-corruption policies and procedures in place and ensuring that all personnel adhere to these policies. Read more here.

Court Rulings

Staying with corruption-related developments, the end of the year saw the Supreme Court overturn the longest prison sentence ever given for corruption (4 years). The Court found that the trial judge's direction to the jury as to the burden of proof in the 2012 trial of former Fine Gael town councillor, Fred Forsey was fundamentally wrong and breached his right to a fair trial. The Court also refused an application by the DPP for a retrial.

We also saw the Court of Appeal deliver an important decision on the criminal liability of company managers. The Court clarified that a company 'manager' can be prosecuted for company offences where they have functional responsibility for a significant part of the company's activities and have direct responsibility for the area in issue. It is not necessary that the 'manager' be actively involved in every area of the company's business or have the power to direct its affairs or decide corporate strategy. Read more here.

Other court rulings of note included the conviction of the former chief...

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