Bribery is never the right choice
Bribery is the giving of financial or other advantages such as material gifts or favourable treatment in connection with the improper performance of a function or activity. Business owners, directors and high-level individuals need to ensure they have processes in place to guard against breaches of the Bribery Act 2010. Failure to do so could lead to an investigation.
Our regulatory lawyers will provide you with expert advice and representation for individuals and corporates. Whether you’re under investigation or need assistance complying with legislation we’re here to help.
Important things to consider:
- If a company suspects bribery is taking place within their organisation they should thoroughly investigate those allegations.
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The Bribery Act details two general offences including the giving, promising or offering of a bribe (active) and agreeing to receive or accept a bribe (passive). Moreover, there are further offences that can occur. For example, bribing a foreign public official and failing to prevent corruption.
Offences apply in a number of cases. For example, the function or activity is expected to be performed in good faith, impartially and the person performing the function is in a position of trust by virtue of performing it.
The Bribery Act and policies in place if they’re to avoid prosecution and hefty penalties and is legislation every business in the UK needs to be aware of. It requires all businesses to show they have adequate anti-bribery procedures
If these aren’t in place then allegations can be made against businesses and individuals under the Act brought by the Serious Fraud Office (SFO) or Crown Prosecution Service. The Financial Conduct Authority (FCA) can take regulatory enforcement action against firms that did not guard against breaches.This can result in criminal sanctions including fines and imprisonment.
Every business should ensure they have adequate procedures in place. Your company should commit to preventing it and carry out periodic and informational assessments of internal and external risks to bribery.
Furthermore, it’s important for a business to communicate to their staff and provide them with training on policies and procedures. Continuous monitoring and review of the policies and procedures should also occur.
Our experienced team of regulatory solicitors has the knowledge and capability to provide you and your business with the necessary defence. We can help you whether you’re a witness to corruption, an investigator, a victim or a suspect.
Our advice and assistance is cost-effective, tactical and realistic. We understand that investigations can be extremely stressful because the reputation of your firm and yourself is at stake. We will aim for the best resolution possible for you.
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