Your Questions: Answered - Written by on Monday, February 14, 2011 9:54 - 1 Comment

Ask Barry & Richard: Our new weekly fixture

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By popular demand we are going to answer readers questions.

Readers seeking an answer for questions on the Bribery Act, the UK money laundering legislation or similar should contact us.

We will not be able to reply to every email but those questions we choose to include will be answered by us and published on thebriberyact.com.

Questions are answered on an anonymous basis.

If you would like to read answers to previous questions please click on the category: Ask Barry & Richard for a list of previously answered questions.

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Charles Walford
Feb 28, 2011 11:51

Can an individual and his corporate employer be separately liable under ss1 or 6 by virtue of the same set of actions at the same time? In other words where the individual gives the bribe using his corporate employers money and for the intended benefit of his corporate employer and he has the required state of mind, – and if required it has been consented to and connived at by the senior officers of the employer, do you think both could be prosecuted at the same time for the identical facts and circumstances?

If all the relevant acts take place outside the UK but the employee is employed in, and closely connected with, the UK, but the corporate employer (although present in the UK) is not closely connected with the UK, do you think the employer could be made vicariously liable for the employee – thus finding the employer effectively resposnsible for the offence even though it could not be prosecurted directly? (I appreciate that the employer might have a s7 liability.)

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