Bribery Act 2010

The guidance published is:

• The Bribery Act 2010 – Guidance, published by the Ministry of Justice (MoJ)
• Bribery Act 2010 – Joint Prosecution Guidance of the Director of the Serious Fraud Office and the Director of Public Prosecutions

Key points arising from the Bribery Act Guidance

• Reasonable and proportionate corporate hospitality is not be affected by the Bribery Act.
• However, there is no exception for facilitation payments which may still amount to a bribe.
• Organisations wishing to ensure they are complicit with the Bribery Act should refer to the guidance and seek advice as appropriate.  The guidance sets out six principles, which are non-prescriptive, that may assist businesses in formulating procedures appropriate to their specific needs.  These Bribery Act principles are:

• Businesses could be liable for the corporate offence of failing to prevent bribery in consequence of the actions by third party who would be deemed “an associated person” for the purposes of the Bribery Act.  However liability only arises if that third party performs services for your business.  It is therefore considered very unlikely that a business would be held liable for the actions of someone who simply supplies goods to your business.
• There is a full defence to the corporate offence if the organisation can show it had adequate procedures in place to prevent bribery.
• There is debate as to how far the Bribery Act will apply as against foreign companies.  The MoJ Guidance suggests that simply being listed in the UK but not carrying on business within the jurisdiction will not be sufficient to engage the Act.  Conversely the Serious Fraud Office has indicated it will take a wide interpretation of the Act.  Ultimately it will be left to the courts to decide. 

The guidance from the Serious Fraud Office (SFO) and the Director of Public Prosecutions (DPP) reiterates that if prosecutors believe there is enough evidence to prosecute they will also consider whether it is in the public interest to do so.  Related factors to be considered include whether the harm was minor and the result of a single incident and whether there has been a genuinely proactive approach of self-reporting and remedial action by the business concerned. 

What we can do for you in relation to the Bribery Act 2010

An independent, objective review of your current key risks and recommendations for managing those risks.

We have over 25 years of representing individual and corporate defendants before the criminal courts with recent cases including clients in Mabey & Johnson, Innospec Ltd and BAE. Most significantly we represented Balfour Beatty in securing the first ever civil recovery order arising from an SFO investigation.

We combine extensive practical experience of the criminal investigation and trial process with a keen appreciation of the commercial priorities and imperatives facing businesses in the current climate.

RJW’s Bribery Act solicitors are considered externally as authorities in the field and are regularly requested to comment on corruption issues in the press. Our solicitors speak regularly to business and the legal profession on Bribery Act issu

What we have done for others

Some recent notable cases we have been involved in:

• Balfour Beatty: we advised throughout the Bibliotheca investigation and secured the first ever Civil Recovery 
• BAE: we acted for a senior executive in relation to BAE's South African and Saudi operations in the now discontinued corruption investigation
• Mabey & Johnson: we continue to act for an individual in which the company pleaded guilty to charges of overseas corruption
• Innospec: we represent two former executives in relation to allegations of overseas corruption 
• Company C: we are advising in relation to an overseas corruption investigation and the provision of compliance polices and anti-corruption training for senior executives 
• Company V: we are currently providing advice on a range of corruption related issues including compliance and best practice
• Director A:we are currently advising in relation to an ongoing overseas corruption investigation

Contact our Bribery Act solicitors

If you would like further information or advice on how the Bribery Act 2010 might affect your business please contact Rod Fletcher 0207 657 1782 or Jeremy Summers on 0207 657 1786, partners in the Business Crime & Regulation Department.