The Act provides that the UK Courts will have jurisdiction over offences committed in the UK, and also over offences committed outside the UK where the person committing them has a close connection with the UK by virtue of being a British National, or ordinarily resident in the UK, or a ...
As a result the Bribery Act is a powerful piece of legislation. The offences The law can be summarised into four key crimes. Bribing Receiving a bribe Bribing a foreign public official; and Failing to prevent bribery are all offences. The new offence of failure to prevent bribery has garnere...
Both are able to prosecute offences under the act, but neither can institute proceedings without the approval of their respective heads, the DPP Keir Starmer QC, or the Director of the SFO, Richard Alderman. At the time the section 9 guidance on “Adequate Procedures for Preventing Bribery” ...
The United Kingdom, France, Argentina, Canada, and Singapore have all recently begun to permit prosecutors to defer or drop prosecutions of a firm for corruption offences in return for the accused firm paying a fine, adopting measures to prevent future offences, and cooperating with ongoing ...
The main legislation in the UK governing bribery and corruption is the Bribery Act 2010 (the “Act”), which came into force on 1 July 2011. The Act defines the criminal offences of bribery very widely and includes the principal offences of bribing another person, being bribed and brib...
“…there is a link to money laundering. Speaking for the SFO, we have tended to concentrate on corruption offences by themselves. What we have been doing recently though and I certainly see this developing much more in the future, is to make the important link ...
The provisions concerned are section 3 (soliciting or accepting an advantage), section 4(2) & 4(3) (bribery without lawful authority or reasonable excuse), section 5(2)(bribery inregard to contracts), section 10 (possession of unexplained property), section 12 (penalty for offences), section...
the Serious Fraud Office (SFO) achieved its first convictions under the Bribery Act, when Gary West, the former chief commercial officer of Sustainable AgroEnergy, was found guilty of two offences under the legislation. Stuart Stone, an agent used by the company, was also successfully prosecuted...
f. The offending is not recent in nature, and the company in its current form is effectively a different body to that which committed the offences—for example, it has been taken over by another company, it no longer operates in the relevant industry or market, all of the culpable individu...
In theory, any gift or hospitality will potentially trigger liability, where it is provided with the intention of inducing the recipient to act improperly. The UK Bribery Act 2010 creates a tougher framework for prosecution than applies under the FCPA. It remains to be seen whether the recent ...