Bribery Act 2010
With this Act the UK has passed the most robust anti-corruption legislation that exists anywhere in the world. It creates two general offences of offering/giving, requesting/accepting a bribe; a discreet offence of bribery of a foreign public official but the most controversial of its provisions is to create the corporate offence of “failing to prevent bribery”.
As the name of the offence suggests, the law requires the corporation or other organisation to have taken positive steps to put in place the, “adequate procedures” that should have prevented the bribe being passed. To have in place those “adequate procedures” will be the only way that the organisation will be able to negotiate for a civil settlement and avoid court proceedings. If, however, a prosecution follows the “adequate procedures” that are in place will be its only defence to the charge. It carries an unlimited fine.
The “adequate procedures” that are put in place must be capable of being translated into attractive and admissible evidential terms. They must then be persuasively presented before a jury.
If any individuals within the organisation had “consented connived” in the bribe they too would be liable to up to 10 years imprisonment and/or an unlimited fine.
Prosecutors have shown an increasing appetite to go after personal assets following a conviction, so, the anti-corruption steps you take to conform to the Act must be properly considered.
I have the resources of a team of highly experienced investigative specialists who can fulfil many of the roles that a solicitor would do, at a fraction of the cost.
The singular advantage of coming to me in the beginning is that I can advise and negotiate on your behalf during the investigation and will represent you if the matter comes to trial. That means that I have full control and can provide a focus on the way in which the case is put together.
I can also advise on the choice and instruction of any experts who may be required. Based upon many years of experience, I know who the leaders in their fields are.
The net result is that the process of delivery of advice and representation is quicker and a highly experienced specialist is at the helm from the start.
I can provide the following services:-
- An audit of existing anti-bribery practices;
- Drafting a statement on the organisations anti-corruption culture;
- Drafting a code of ethics;
- Drafting a policy on hospitality and corporate gifts;
- Designing A “whistleblowing” procedure;
- Drafting policies, procedures and internal control guidance to prevent bribery;
- Advising on the steps necessary in order to adequately perform “due diligence”;
- Monitoring and review procedures and practices.