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Court of Appeal (England and Wales) upholds Alstom’s conspiracy to corrupt conviction; rejects unfair-trial claim where corporate 'directing minds' were absent

Published on: 24 July 2019

Published by a Law360 reporter
Legal News
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Original News R v Alstom Network UK Ltd [2019] EWCA Crim 1318, [2019] All ER (D) 133 (Jul) Court of Appeal’s decision

The Court of Appeal has rejected Alstom Network UK Ltd’s assertion that its 2018 conviction on a single count of conspiracy to corrupt followed an unfair trial. The appellate court dismissed the company’s challenge, which related to a €2.4m payment to Canadian shell company Construction et Gestion Nevco Inc to obtain a contract for infrastructure and trams in Tunisia. Alstom contended the proceedings were unfair as the directors central to the allegations were absent. The energy firm also argued the judge failed to give the jury adequate guidance on the basis for convicting a corporate entity where its ‘directing minds’—who could speak to their own knowledge and actions—were unable to attend the trial. Delivering the ruling, Lord Justice Peter Gross, presiding on the Court of Appeal panel, stated on Tuesday: ‘We agree with the [trial] judge that there is nothing casting doubt on the safety of [Alstom’s] conviction [...] There is no suggestion’ ...

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