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We specialise in defending businesses and individuals facing fraud allegations including allegations of bribery and corruption. Corruption offences have been brought against individuals for a long time now but Bribery Act 2010 created new criminal offences that can include corporations. Our experience of defending businesses and individuals gives us the edge over our competitors when it comes to defending this type of allegation.
The expectation was that the Serious Fraud Office (SFO) would pursue these offences vigorously when the Act came into force, the reality is that they haven’t yet brought many charges but are still actively investigating a number of cases. There have been other cases brought by other prosecuting authorities though such as the Crown Prosecution Service (CPS)
We have experience handling large, sensitive cases with individuals charged with corruption. These cases always require an acknowledgement of the potential for destroying the reputation of those individuals. It is vitally important that a specialist solicitor is instructed at an early stage to limit any potential damage and to vigorously challenge the allegations, call our team on 01616 966 229 or complete our online enquiry form.
Anti-corruption and bribery offences will affect all individuals in the UK and all UK businesses. The Act also affects those overseas businesses conducting part of their business in the UK. An offence would be tried in the UK regardless of where in the world the bribery act took place if the business is a UK business or conducts some business in the UK.
The Bribery Act 2010 created four offences:
The penalties for an individual can be imprisonment for up to ten years and/or a fine. In respect of a corporation there can be an unlimited fine.
It is important to note that a corporation will be liable if an individual commits any of the first three offences with the consent or involvement of a senior officer. That senior officer will also be personally liable. The corporation becomes criminally liable for the acts of their employees, subsidiaries and agents. This would be the case even if that individual were not tried for the offence.
It is a statutory defence to the corporate offence for a corporation to show that they had in place adequate procedures to prevent offences of bribery. There is no definition of ‘adequate procedures’ and as such it is important that businesses take great care to record every step they have taken to address this issue. There needs to be policies to address this issue and businesses need to ensure that employees are trained to recognise what is and is not acceptable.
Our experienced team of fraud lawyers has the expertise and knowledge to look at the required level of detail to defend you. Contact our expert fraud solicitors on 01616 966 229 or complete our online enquiry form.
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