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News International Limited, the British arm of the Murdoch empire, is a subsidiary of News Corp., a publicly traded American company which also owns the Wall Street Journal and Fox News (not to mention the Sunday Times of London, the Times of London, and the British tabloid the Sun). Because of this, experts say, News Corp. and all of its subsidiaries come under the Foreign Corrupt Practices Act, a Watergate-era law which makes it a crime for U.S. companies to participate in bribery abroad.
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"A small number of officers may have taken illegal payments. That is fundamentally corrupt," Met Commissioner Sir Paul Stephenson told the BBC. "If true, I will be determined to root them out, find them and put them in front of the criminal court."
After years of relative quiet, the United States has substantially stepped up the resources to prosecute companies for violating the bribery law. There are 150 open investigations of American companies, according to the law firm Gibson Dunn & Crutcher. In 2005, the Securities and Exchange Commission and the Department of Justice combined for a total of just 12 FCPA enforcement actions. By 2010 that number had jumped to 54, the law firm reports. We've written previously on this subject when it involved payments by Albert Jack Stanley, a former executive at KBR.
Unless information emerges that News Corp. executives in the United States were aware of and condoned illegal behavior, it is doubtful whether the company or individual executives would face criminal prosecution in the United States, several defense lawyers said.
A prominent academic, Michael Koehler, who tracks prosecutions on his blog the FCPA Professor, is not as sure the global news giant will escape criminal prosecution.
"Look at the 2011 enforcement actions on my blog," he says. "None of these involved high level officers or board members."
But lack of evidence of executive complicity in bribery doesn't protect the parent company from civil actions. Where News Corp. may be most vulnerable is under the "Books and Records" and "Internal Controls" provisions of the FCPA, according to lawyers who practice in this field.
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The statute of limitations on civil FCPA charges is five years. Reports about the illegal bribes seem to date back to 2006 so regulators would likely be mindful of the calendar. Companies are often rewarded for cooperating with the inquiries. "Raising a statute of limitations defense is not exactly cooperation mode,” says Koehler.
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News Corp also depends on the government for its broadcast licenses. Fox Television Stations Inc. has 269 active licenses with the Federal Communications Commission, according to the agency's website. An agency spokesman would not comment on whether FCPA violations might put those licenses in jeopardy as well.
http://www.propublica.org/article/how-murdoch-reporters-bribes-to-british-cops-violate-us-lawTHE ARREST OF Rebekah Brooks,
She was arrested on suspicion of conspiring to intercept communications, contrary to Section1(1) Criminal Law Act 1977
and on suspicion of corruption allegations contrary to Section 1 of the Prevention of Corruption Act 1906.
The Operation Weeting team is conducting the new investigation into phone hacking. Operation Elveden is the investigation into allegations of inappropriate payments to police. This investigation is being supervised by the IPCC.