Bribery & Corruption
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Bribery and Corruption Solicitors
Our Bribery & Corruption Solicitors represent individuals and businesses caught up in these complex matters. Allegations of bribery and corruption are extremely serious and can be very disruptive: long running, time consuming and resource intensive. The penalties are also severe.
Our expert bribery and corruption lawyers have a strong track record in all aspects of criminal law and understand the practical and reputational difficulties that these cases can pose.
The 2010 Bribery Act makes it an offence for a UK national or person located in the UK to pay or receive a bribe, either directly or indirectly.
Section 7 of the Bribery Act 2010 states that a ‘relevant commercial organisation’ will be liable to prosecution if a person associated with it bribes another person intending to obtain or retain business or an advantage in the conduct of business for that organisation, but only if the associated person is or would be guilty of an offence under section 1 or 6′.
If you have been arrested or face charges of Bribery or Corruption, then contact our teams in Manchester or Stockport today.
Example of a Bribery case
Skansen Interiors Limited (SIL) was a London-based dormant company which was convicted of failing to prevent bribery under section 7 of the Bribery Act 2010. They were the first defendant to rely on the “adequate procedures” defence and was ultimately convicted.
What did they do?
The allegation was that the company paid a large fee to obtain confidential information to give them an advantage when tendering for an office refurbishment project. A new CEO launched an internal investigation when he became aware of the arrangement and he implemented a new anti-bribery policy.
Despite that policy being put in place, one of the directors still attempted to make the final payment on the arrangement. As a result, the company self-reported to the police and National Crime Agency.
What about the directors?
The jury decided that the controls in place at SIL were insufficient and convicted two directors of offences contarry to section 1 and 2 of the Bribery Act. They received sentences of 12 months’ imprisonment and 20 months’ imprisonment. In addition, both were disqualified from being directors for 6 and 7 years respectively.
Was there an alternative to prosecution?
By self-reporting, the company could have been offered an agreement to pay a fine so that they would not be prosecuted if they complied (a Deferred Prosecution Agreement).
In this case the company was, by then, dormant so they could not have paid. Although the prosecution was queried by a Judge, the decision to continue with the prosecution was made to send a message to small companies that bribery needs to be taken seriously, and to make sure that procedures and policies were put in place by them.
What was their defence?
The offence under section 7 relates to a company failing to prevent bribery, the company relied on the defence that they had “adequate provision” in place but were convicted after trial.
Is there guidance anywhere for my business?
Guidance is available from the Ministry of Justice regarding the types of bribery prevention procedures that companies should have in place.
How can I fund my Bribery or Corruption Defence?
At Clifford Johnston & Co., we firmly believe that financial limitations should not hinder your access to quality legal representation. Our commitment spans both publicly and privately funded legal defence.
You might also qualify for legal aid, and our experienced team is here to assist. We will assess your eligibility and provide step-by-step guidance on the legal aid application.
How can we help?
Bribery and Corruption investigations can be extremely stressful. The reputation of your firm is at stake, in addition to you own reputation.
Our expert bribery and corruption lawyers provide cost effective, tactical and realistic advice to anyone under investigation. If you are being investigated, or are looking to avoid this, you should seek immediate legal advice.
Contact Us
Business Crime Solicitors in Manchester or our Criminal Defence Team in Stockport.
Need some professional advice?
Do you have any issues that you are worried about? Contact our professional team for a free, no-obligation informal discussion, where we can discuss your particular requirements in greater detail.