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UK Bribery Act › Criminal Prosecution

The UK Bribery Act is an act of the Parliament of the United Kingdom enacted in 2010 to prevent, combat and penalize acts of bribery. The Bribery Act creates four offenses: 1) bribing another person 2) being... more +
The UK Bribery Act is an act of the Parliament of the United Kingdom enacted in 2010 to prevent, combat and penalize acts of bribery. The Bribery Act creates four offenses: 1) bribing another person 2) being bribed 3) bribing a foreign official 4) failure of a corporation to prevent bribery on its behalf. The Act provides for very stringent penalties and is considered one of the toughest pieces of anti-bribery legislation in the world.  less -
BCLP

Fallout from the Glencore resolutions & lessons learned

BCLP on

On 24 May 2022, Glencore International AG announced a series of coordinated resolutions with various international enforcements agencies including the Department of Justice (”DOJ”), the Commodity Futures Trading Commission...more

WilmerHale

Failure to prevent bribery

WilmerHale on

On 14 April three individuals and three companies were sentenced for their role in a bribery scheme spanning nine years. The prosecution merits consideration because, as well as securing convictions for corruption and...more

White & Case LLP

Reflections on the UK Bribery Act (Part II) - Unfulfilled potential?

White & Case LLP on

On 1 July 2021, it will have been ten years since the Bribery Act came into force. The Act is widely considered to have been a pioneering piece of legislation. In addition to having raised the standard for anti-bribery and...more

WilmerHale

Bribery Act 2010: Ten Years On

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Ten years have passed since the introduction of the UK’s primary anti-corruption law, the Bribery Act 2010 (“the Act”). This article examines the extent to which the Act has lived up to its billing as the international “gold...more

McDermott Will & Emery

New Limits to the UK SFO's Ability to Compel Production of Evidence from Overseas May Lead to Increase in DOJ Investigations

McDermott Will & Emery on

On February 5, 2021, in a unanimous decision, the UK Supreme Court held that the UK Serious Fraud Office (SFO) did not have the authority under Section 2(3) of the Criminal Justice Act 1987 (the 1987 Act) to compel a foreign...more

Mitratech Holdings, Inc

Global Voices: Beating Bribery – Best Practice in Ethics and Conduct on the Global Stage

Mitratech Holdings, Inc on

One of the biggest headaches for companies conducting business overseas still remains bribery and corruption. The grey area of what is deemed a fair gift, meal or payment against what might be constituted a bribe is a...more

White & Case LLP

Deferred Prosecution Agreements 5 Years On – the Americanisation of UK Corporate Crime Enforcement

White & Case LLP on

Five years ago, in the spring of 2014, Deferred Prosecution Agreements ('DPAs') were first introduced in the UK through the Crime and Courts Act 2013 ('CCA').1 Since then, the Serious Fraud Office ('SFO') has concluded four...more

WilmerHale

UK “Outsourcing Corporate Financial Crime Enforcement to the US”, Claims Corruption Watch

WilmerHale on

Corruption Watch UK has claimed that “a company committing economic crime in the US is far more likely to be hit with criminal, civil and regulatory penalties than one in the UK.” In a hard-hitting report published on 5 March...more

BCLP

The Bribery Act 2010 - Where Are We?

BCLP on

This is the first of a series of articles on the House of Lords Select Committee’s recent report, entitled “The Bribery Act 2010: post-legislative scrutiny”, in which members of BCLP’s White Collar team review the report. ...more

BCLP

Corporate Criminal Liability – Perspectives from the US, UK and France

BCLP on

Shakespeare’s observation that the “past is prologue” certainly applies to corporate criminal liability in the UK and France, as these jurisdictions embrace with gusto corporate prosecutions akin to those pursued in the US...more

Katten Muchin Rosenman LLP

First Convictions for Corporate Bribery Target Construction and Property

Katten Muchin Rosenman LLP on

After seven years of being in force, the UK Bribery Act is starting to make its presence felt. Three companies have entered into negotiated settlements with prosecutors for bribery in the last few years, but only two have...more

Akin Gump Strauss Hauer & Feld LLP

UK Jury Verdict Clarifies “Adequate Procedures” Under UK Bribery Act

Akin Gump Strauss Hauer & Feld LLP on

In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more

Skadden, Arps, Slate, Meagher & Flom LLP

Europe Insights

Skadden, Arps, Slate, Meagher & Flom LLP on

Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more

Womble Bond Dickinson

Businesses face unlimited fines for failure to prevent facilitation of tax evasion

Womble Bond Dickinson on

Introduction - As part of a global crackdown on tax evasion, the Criminal Finances Act 2017 (the Act) introduced a new offence. From 30 September 2017, an organisation commits a criminal offence if an employee or...more

Cooley LLP

Blog: A new UK corporate criminal offence: failure to prevent the facilitation of tax evasion

Cooley LLP on

The UK’s tax authority, Her Majesty’s Revenue & Customs (HMRC), has just closed its consultation on a new corporate criminal offence: failure to take reasonable steps to prevent tax evasion....more

Skadden, Arps, Slate, Meagher & Flom LLP

"Cross-Border Investigations Update - June 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

Morrison & Foerster LLP

Top Ten International Anti-Corruption Developments for April 2016

Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Morrison & Foerster LLP

Sweett Sentence Provides Guidance for DPAs

Morrison & Foerster LLP on

After its guilty plea to an offence under the UK Bribery Act, Sweett Group PLC was sentenced on February 19, 2016 at Southwark Crown Court, and ordered to pay a total £2.25 million penalty for the offence. The international...more

BakerHostetler

Foreign Corrupt Practices Act 2015 Update

BakerHostetler on

Despite a decline in enforcement actions by the Securities Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the first half of 2015 has continued to highlight the relevance and ever-evolving effects of the...more

Morrison & Foerster LLP

Scottish Authorities Settle First Corporate Criminal Offence Under the Bribery Act

Morrison & Foerster LLP on

On 25 September 2015, prosecutors in Scotland announced the first application of the corporate offence of failing to prevent bribery under section 7 of the Bribery Act 2010. Due to self-reporting and extensive cooperation...more

Thomas Fox - Compliance Evangelist

FIFA, the DOJ and the Global Fight Against Corruption

Thomas Fox - Compliance Evangelist on

The Department of Justice (DOJ) gave the global fight against anti-corruption a huge boost last week when it announced it was bringing charges against 14 members or persons associated with Fédération Internationale de...more

NAVEX

The Future of U.K. Enforcement of Financial Crimes: Four Clues for 2015

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The legal and compliance landscape is changing quickly—it’s up to organisations that do business in the U.K. to strengthen their compliance programmes to meet these new challenges. In this whitepaper, Andrew Foose, vice...more

The Volkov Law Group

FCPA Predictions for 2015 (Part II of II)

The Volkov Law Group on

The key to being a successful (FCPA) prognosticator is never to keep score. If you do, you are likely to be disappointed. Instead, I follow the strategy of calculated distraction – for example, I predicted last year...more

NAVEX

China Bribery Crackdown Underscores the Need for Stronger Compliance Programs and Risk Assessments

NAVEX on

Recently, the Chinese government reported that GlaxoSmithKline (GSK) would agree to pay almost $500 million in fines to settle allegations of bribery, and that some former GSK employees would receive prison sentences. While...more

BakerHostetler

Corruption Enforcement Goes Global

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As BakerHostetler recently reported in its FCPA Mid-Year Update, the phenomenon of parallel prosecutions is gaining popularity as more countries enact and enforce anti-corruption legislation....more

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