Bribery & corruption
The dawn of the Bribery Act 2010 means individuals, financial institutions and domestic and international companies operating in the UK face ever-increasing scrutiny from prosecutors and regulators when allegations or evidence of bribery and corruption arise. Companies constantly face the risk of criminal liability, reputational damage and debarment from tendering for public sector contracts when dealing with unethical business partners and rogue directors, officers, employees and agents.
The novel corporate offence of failing to prevent bribery means a company doing business in the UK can commit a crime punishable by an unlimited fine even where no-one in their organisation knows about a bribe being paid by someone associated with that company. Putting in place certain procedures designed to prevent such bribery will be a defence under the Act.
Whether a formal investigation or, ultimately, civil and/or criminal proceedings are commenced often depends on an organisation’s initial response to the problem. For many, the attention of a prosecutor such as the SFO or a regulator such as the FSA can carry devastating financial, reputational and regulatory consequences for both companies and their senior management.
Our Financial Investigations Team (FIT) has extensive experience advising companies on anti-bribery and corruption matters as well as other business crime issues such as fraud, asset recovery and tracing, asset freezing, money laundering prosecutions, government and regulatory investigations, corporate manslaughter and health and safety breaches, and risk management. Our clients are some of the largest companies in the UK, company directors and high net worth individuals.
Our team has over 10 years’ experience on advising on both the prevention and mitigation of bribery risks together with dealing with the consequences of a bribe itself. Members of the team have experience assisting with the preparation, implementation and monitoring of suitable compliance programmes and procedures, and with informal enquiries and formal action from prosecutors and regulators.
Speechly Bircham partners with DeltaNet to develop an anti-bribery e-learning product
Together with DeltaNet, a provider of strategic learning services, we have developed an interactive, web-based training programme dealing with the impact of the Bribery Act 2010. The use of e-learning products to educate employees of bribery risks and the Act is expressly referred to in Ministry of Justice Guidance under the Act. Please click here for “Frequently asked questions” concerning this product and the Act in general.
If you would like to have trial access to this product please visit Bribery Act e-learning - trial access
Experience
Advising the London branch of an international investment bank on potential bribery and corruption offences committed in Russia and South Korea.
Preparing an anti-bribery compliance and training programme for a Japanese company operating throughout Europe.
Preparing an anti-bribery policy and anti-bribery contractual clauses for supply/agency contracts for a mining exploration company.
Advising the London branch of a Japanese bank as to protections to be included in its agency and other commercial contracts concerning UK anti‑bribery legislation.
Advising a multinational industrials company on the criminal implications of doing business in Iraq when suspicions of bribery arose.
Advising a Global Investment Bank on the data protection aspects of launching a revised corporate ethics and anti-corruption compliance programme across several EU jurisdictions.