Bribery & Corruption
Our team are specialists in defending individuals and companies who are accused of bribery and corruption.
Businesses and their directors must ensure that they operate their trading relationships in a way that is compliant with the Bribery Act 2010. The effect of this legislation is far reaching and ensures that breaches can result in civil and corporate liability with custodial sentences, financial penalties and other economic sanctions imposed.
Corruption investigations are usually cross border, multi-jurisdictional matters of great complexity, our lawyers have considerable experience in this highly complex area of law. Contact our specialists today below, email info@blackfords.co.uk or phone 03330 150 150.
What Is Bribery and Corruption?
Bribery
In 2011, the Bribery Act 2010 came into force in the UK as the primary anti-corruption law. It dictates that the four main bribery offences are:
- General offence of bribing
- The general offence of being bribed
- Bribing a foreign public official, along with the Principal Offences
- The Failure to Prevent Offence which relates to companies
Corruption
Corruption refers to dishonest or fraudulent behaviour by those in positions of power, such as Company Directors. It is common for crimes of corruption to involve bribery, which is why they are often related to each other.
Corruption can be committed both by public individuals, businesses or private individuals, when they abuse their powers for personal or financial gain.
Blackfords LLP: Expert Bribery and Corruption Solicitors
Our bribery and corruption lawyers are specialists in this field and can assist with:
- A review of your procedures to ensure compliance
- Internal investigations
- Interviews under caution
- SFO Section 2 Interviews
- Defending civil and criminal court procedures
- Reputation damage limitation
We can assist in negotiating successful outcomes with investigators, avoiding prosecution at the pre-charge stage or mitigating the outcome. We can also advise on negotiations in respect of Deferred Prosecution Agreements (DPA) with the Serious Fraud Office (SFO) and the National Crime Agency (NCA).
Please speak with any of our key contacts for assistance with any of these issues. Alternatively, email info@blackfords.co.uk or phone 03330 150 150.
Frequently Asked Questions
What Is the Bribery Act 2010?
The UK Bribery Act 2010 came into force to strengthen the legal framework for fighting bribery both in the UK and internationally. The Act made it illegal to offer, accept or receive bribes and applies to individuals and businesses.
What Are the Consequences of Bribery and Corruption?
Bribery and corruption are criminal offences, meaning that consequences can include fines or imprisonment.
For individuals, the maximum penalties can be a ten year prison sentence and/or an unlimited fine. Organisations can face unlimited fines, disqualification from public contracts and severe reputational damage.
Who Enforces the Bribery Act?
The Bribery Act is primarily enforced by the SFO which is a government department that investigates and prosecutes suspected financial related crimes.
The Crown Prosecution Service (CPS) can also enforce the Bribery Act when there has been an investigation undertaken by the police, NCA or Financial Conduct Authority (FCA).
Who brings Prosecutions for Bribery and Corruption?
Both the SFO and CPS can prosecute individuals or organisations for bribery and corruption. The SFO also has the power to prosecute international bribery and corruption.
Is Bribery and Corruption the Same?
Bribery and corruption are not the same crime. Corruption does not always involve bribery, instead, it is the use of power and authority to influence decisions. This is typically done illegally and/or unethically and is often for personal gain.
Bribery, on the other hand, is a form of corruption. It refers specifically to offering, giving or receiving a bribe. As a common form of corruption involves bribery, the two are often spoken about together.
What is the Maximum Fine for Anyone Convicted of Bribery?
If a person is convicted of bribery, they can be met with an unlimited fine. The fine tends to mirror the severity of the offence, so the more serious the offence, the higher the fine is likely to be. However, far more serious penalties, such as imprisonment are usually imposed by courts.
If an organisation is convicted of bribery the courts will consider why the offence has occurred before issuing a fine, which can also be unlimited. When a bribery offence occurred due to company procedures failing to prevent this, a fine may be issued. This fine tends to be higher than a fine given to an individual.
A company may also have to implement serious crime prevention orders to ensure the offence does not happen again. Any financial gain from the bribe may have to be returned and the directors may be disqualified for up to 15 years.
What Is Active Bribery?
Active bribery refers to the offence of offering, promising or paying a bribe. A person may also be accused of bribery even if they committed the crime under duress.
Active bribery includes situations such as:
- Paying public officials to circumvent safety regulations
- Providing someone with extravagant gifts so they buy a specific product
What Is Passive Bribery?
Passive bribery is the crime of agreeing to receive, soliciting or accepting a bribe. It is important to know that if someone makes it explicitly clear that they intend to receive a bribe, they can be prosecuted for passive bribery.
Examples of passive bribery include:
- A security guard accepting a bribe to provide someone access into a building
- An employee accepting money in return for sharing confidential information
What Is Bribery and Corruption in Business?
Bribery and corruption in a business can be detrimental to both the finances and reputation of the business. Corruption in a business can take multiple forms. The four main types of corruption are:
- Fraud
- Bribery
- Avoidance of sanctions
- Abuse of power
- The incorrect award of contracts for gain
- Making of donations to influence an outcome
Bribery is a form of corruption and examples of this in a business setting may include:
- Bribing a member of staff to obtain a pay rise
- An executive accepting a bribe to provide specific contract specifications
- Offering or accepting gifts or corporate hospitality
- Offering inappropriate cash incentives
What is Evidence of Bribery?
Evidence of bribery can take several forms and prosecutors or investigators will analyse multiple records. This may include:
- Written contracts
- Excessive gifts
- Unusual payments
- Incriminating conversations
- Witness statements
- Forensic audits
Can a Company Be Guilty of Bribery?
Yes, a company can be found guilty of bribery, this may occur if a senior member of the company, such as a director takes any action which amounts to the offence of bribery. A company may also be guilty if it fails to prevent bribery.
