Corruption and bribery
The global nature of business relationships and supply chains and the extra-territorial reach of legislation like the UK Bribery Act, US Foreign Corrupt Practices Act and other notable anti-corruption laws, means that it is not unusual for investigations to involve multiple jurisdictions and multiple overseas agencies.
Corruption and bribery experts
We have a long track record of defending and advising in bribery and corruption investigations, acting for both individuals and corporates.
How we can help you
- We can act with your existing lawyers or independently to advise on how to conduct an internal investigation into bribery and corruption allegations.
- We also carry out both domestic and cross-border investigations.
- We are experienced at advising corporates whether and when to self-report, as well as advising on subsequent negotiations with the relevant authority(ies) to mitigate any sanction that may follow.
- Where a company is exposed to the risk of prosecution, we can advise on the merits of the case, the possible financial penalties, the risks of debarment from public contracts, the prospects of a settlement in the form of a deferred prosecution agreement, and the benefits or otherwise of accepting a monitorship.
- We also regularly advise on the design and roll-out of company compliance programmes (from policies to training) to help organisations reduce the risk of falling foul of ‘failure to prevent’ clauses.
The bribery act 2010
The Bribery Act 2010 was introduced to modernise and update the criminal law on offering or receiving bribes. It is a particularly stringent piece of legislation that introduced a new strict liability offence specific to companies and other commercial organisations of failing to prevent bribery. This places a burden on companies to prove that they have adequate anti-bribery procedures and policies in place if they are to avoid prosecution and hefty penalties.
The Act is also very wide reaching. Any person, whether or not they are a national, can be prosecuted if any act or omission that forms part of a bribery offence takes place in the UK or they have a close connection with the UK.
It also applies to any business or commercial organisation, no matter its size – and the company does not have to be incorporated in the UK. If it carries on a business or part of a business in the UK, it falls within the scope of the Act.
ABOUT HARDING MITCHELL
Advice on a full range
of commercial fraud matters
We are specialists in uncovering and pursuing complex, high-value frauds through internal and external investigations, within the UK and across international borders. Our experts work with experienced private investigators and forensic accountants to determine the nature of the fraud and devise the most effective strategy to trace assets and return them to their rightful owners.
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