Don’t let bribery and corruption hurt your business

How do you define bribery and corruption?

The Bribery Act 2010 defines bribery as the improper exchange of money (or “other advantage”) to or from another person in exchange for certain “relevant” actions.

Corruption is generally recognised as dishonest or fraudulent action by those in power, for personal gain.

The Act applies to actions one performs “in both the private and public sectors” and covers activity both inside and outside the UK.

It also criminalises the bribery of foreign public officials under Section 6 - defined as distinct from the “general” bribery offences. As a result, there is no need for the prosecutor to show that the foreign public official accepted the bribe(s) or behaved improperly.

Perhaps most importantly for those owning or running a business, Section 7 of the Act deems failure to prevent bribery a “corporate offence”.

Why do I need the help of solicitors?

Although the Ministry of Justice has published a guide to help businesses install "adequate procedures” to prevent bribery and/or corruption by you, your employees or persons associated with them, it’s advisable to seek professional guidance to actually put them in place and ensure they’re lawful .

It is also recommended if you wish to carry out an internal investigation because you suspect an employee, or someone associated with your firm, has been involved in bribery and/or corruption.

Legal assistance could also be useful if you or your employees wish to consider “self-reporting” to the Serious Fraud Office (SFO). Trained corporate solicitors may be able to help you negotiate a deferred prosecution agreement.

If you are subject to an internal disciplinary investigation by your employer and you are concerned about the potential criminal consequences, a lawyer will be able to assess your situation and help you decide the best course of action.

If you – or your employees - are approached to act as prosecution witnesses in large scale bribery and corruption proceedings, you must contact a specialist corruption lawyer as soon as possible.

Finally, legal advice is a must if you, your business, or employees are under formal criminal investigation by authorities and subject to:

• Prosecution and trial
• Dawn raids
• Search warrants at your business premises or home
• Arrest and interview under caution.

I am under investigation for bribery and/or corruption – what should I do?

Being the subject of a criminal investigation can be very trying for a business, and for all of those involved. Not only is the reputation of your firm at stake, but your personal and professional standing may also suffer untold harm.

Our expert lawyers work with executives, directors and other high level individuals within companies – as well as the firms they work for – all over the UK.

We can allocate experts in employment law, corporate and civil litigation, as well as business crime and regulation. We are here to offer you realistic and tactical advice, and defend you in court should it ever be necessary.

If you are being investigated for corruption, or are looking to avoid litigation, get in touch and speak to one of our advisors about how we can help you.