Meaby & Co – solicitors specialising in
anti-bribery and corruption law
What constitutes bribery?
The Bribery Act 2010 defines it as; The giving or receiving of a financial or other advantage in connection with the “improper performance” of a position of trust, or a function that is expected to be performed impartially or in good faith.
Bribery does not have to involve cash or an actual payment exchanging hands. Bribery takes many forms such as a gift, lavish treatment during a business trip or tickets to an event.
Some simple examples in the commercial sector are, bribery:
- in order to secure or keep a contract.
- to secure an order.
- to gain any advantage over a competitor.
- of a local, national or foreign official to secure a contract.
- to turn a blind eye to a health safety issue or poor performance or substitution of materials or false labour charges.
- to falsify an inspection report or obtain a certificate.
The Obligation to Prevent Bribery
The Bribery Act imposes upon companies the positive obligation to have in place anti-corruption procedures.
Failing to prevent bribery is a strict liability offence. Therefore if someone associated with your company, such as an employee, agent or subsidiary, commits an act of bribery, your company is automatically liable.
It is irrelevant whether or not the organisation knew of the unlawful conduct. An organisation faces significant fines unless it can show that it had adequate procedures in place.
How can we help?
Some industries are particularly vulnerable to instances of corruption. We provide commercial organisations with proper and sound advice as to how best to protect themselves against bribery and corruption inquiries. We do this by highlighting the procedures and safety measures that should be in place within the organisation to prevent persons associated with them from engaging in bribery. Strict corporate governance is essential to ensuring that the organisation or its employees, agents, subsidiaries or other associated persons do not fall foul of the regulations.
In addition to advising corporations on their obligations under the Bribery Act, our team of lawyers has acted for contractors, corporations and individual agents in defending bribery and corruption charges. We liaise closely with our litigation and dispute resolution teams in this regard to provide the most up-to-date and all-encompassing advice.
We advise and assist individuals and corporations in relation to:
- responding to dawn-raids
- preparation for interview
- defending inquiries and prosecutions and
- negotiating with prosecution authorities
For further information please contact us on 020 703 5034 or complete the form below.