Tuesday, August 26, 2014 5:54
“Small bribes can come in many forms including: Cash or vouchers, Benefits in-kind, such asTickets for a sporting event, Pre-paid phone cards, Alcohol, Tobacco, Perfume. Typically, a bribe demander will use explicit or implied threats of delay, inconvenience, business cost or some other undesirable outcome. Bribes can also be solicited by an official with the inducement of a faster service, overlooking incomplete paperwork, or some other benefit, and may also be offered by the bribe payer to obtain such benefit.” Describes the new guidance published by Transparency International. Sound familiar? Oh dear. Small bribes are considered by many to be an insoluble problem. Or at least insoluble by them. The problem with this approach is that there is little or no attempt to address them. In the meantime their continual payment simply fuels the fire of demands. Bribes big or small are illegal under the Bribery Act. So if your business is paying them then criminal offences are being committed by your company and ...
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REVIEW: Transparency International: Publication – How to Bribe, a typology of bribe paying and how to stop it
Earlier this year we and Pinsent Masons LLP sponsored the publication by Transparency International UK of this publication. It's free, though TI request a donation of £25 - it's a charity after all - but you don't have to donate if you don't want to. How to bribe, a typology of bribery and how to stop it is a compendium summary of examples of bribery as they have manifested. The idea, to enable readers to identify situations where bribery might occur in their own businesses and how. Barry wrote the forward and was approached by TI-UK some time ago. The idea appealed as we are keen proponents of helping companies comply and making compliance relevant for business. It's no good parroting sections of the Bribery Act or FCPA and expecting people to really understand. We think people need real life examples and practical tips and guidance. This is what the booklet offers. ...
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News & what’s on
Today's post from a civil litigator colleague, Alan Sheeley. Alan clears up one of the legal questions that has baffled the best legal minds in the land for years, following a recent judgment. In a nutshell, it just got a whole lot easier to get your money back if you are the *victim* of a bribery scam. By Alan Sheeley, Partner, Pinsent Masons LLP This summer Lord Neuberger cut through 200 years of inconsistent judicial decisions and academic rhetoric. He concluded, through his Supreme Court Judgment: FHR European Ventures LLP and Others v Cedar Capital Partners LLC UKSC 45, that secret commissions/bribes are held by an Agent on trust for the Principal. The judgment is of significant importance to Civil Fraud Litigators as their armoury has now been significantly strengthened. Principals will now be able to make proprietary claims against corrupt Agents and can trace the secret commissions/bribes into third parties' hands. Further, Principals ...
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Bribery Act & Proceeds of Crime
After sentencing of the Innospec 4 Ben Morgan, joint head of corruption at the SFO, wrote a lengthy blog post in Legal Week in support of Self Reporting and cooperation. It's worth a read and we agree with much of what he says but… Ben Morgan's blog included: “There is an overwhelming imperative on executives who suspect corruption in their organisation to speak up. There has always been a moral driver for that, but now there is a tangible, practical one too. If you know of something and you are not implicated yourself, then covering it up or passively going along with it can create its own legal risk. And if it is too late for that and you are already implicated, it seems your options are quite clear: fight and risk prison, or come clean and cooperate and, hopefully, don’t.” “For now there is one final significant point to all of this. ...
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Your Questions: Answered
Dear Barry & Richard, My company runs a summer internship program and applications to participate close in the Spring. Every year I typically receive extra requests outside the program, in July and August, to provide a week or two vacation placement work experience for kids who are the children of people who know colleagues of mine. When I tell my colleagues in the business that the deadline for applications has been missed I am met with pleas to make an exception in this or that case, told that the commitment has already been made or that I'm just not being very commercial. On the other side of the coin though I have read that an internship could be a bribe and so I don't know what to do. Should I cancel the internship program? Barry and Richard Answer Don't cancel the internship program. You are not alone in dealing with these challenges. Back in the day when an internship ...
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