Bribery and corruption

Avoiding liability for bribery and corruption have become important topics on the corporate agenda. For commercial organisations based in the US with an overseas presence in less developed markets, this has been an issue since the introduction of the Foreign Corrupt Practices Act in 1977, but it is only in recent years that the criminal and regulatory authorities have started rigorous enforcement. The US$800 million fine of Siemens in 2008, for example, sent shockwaves around the business world.

The risks for businesses which are unprepared will escalate in the coming years. In the UK, new anti bribery legislation has been introduced in the form of the Bribery Act 2010. The new legislation includes a strict liability corporate criminal offence of failing to prevent bribery, wherever it takes place in the world (read our Q&A about this). At the same time the UK Serious Fraud Office (SFO) has dramatically increased its enforcement action.

The economic climate, the increased emphasis on enforcement, and the recent enhancements to the UK bribery legislation all mean that businesses need to pay attention to corruption issues.

Our service

We advise in relation to all legal issues arising from corruption, both domestically and globally.

Specifically:

• we can help your organisation avoid criminal or regulatory liability by advising on appropriate systems and procedures
• if corruption within your organisation is suspected, we can assist with internal investigations, and the interface with the criminal and regulatory authorities

We have an expert understanding of the interplay between multiple linked proceedings arising in corruption cases – civil, criminal, regulatory and disciplinary.

We also have significant multi-jurisdictional capability. With offices around Europe, and contacts in most key jurisdictions, so we are ideally placed to support and co-ordinate an international approach.