Fraud and corporate crime

Bribery and corruption: Client toolkit

The UK Bribery Act came into force on 1 July 2011 and with increased enforcement activity on the part of both the SFO and the FCA, businesses need to ensure that they have adequate procedures in place to deal with bribery and corruption.

This toolkit has been developed to provide easy access to bribery and corruption resources for your business and to allow you to keep up to date with recent developments in this area. We welcome all feedback.

Latest developments

February 2014: Deferred Prosecution Agreements (US-style plea bargaining arrangements) became available on 24 February 2014. The Code of Practice regarding the proposed approach to the use of DPAs was published on 14 February. In addition, the Sentencing Council published its sentencing guidelines for fraud, bribery and money laundering offences on Friday 31 January. Although the guidelines for corporate offenders will not take effect until October 2014, they have been published to coincide with the introduction of DPAs. Draft versions of both the Code and the sentencing guidelines were published for consultation in June 2013. For more detail, see our newsflash and the article we wrote for PLC. Both follow on from the Crime and Courts Act 2013 which received Royal Assent in April 2013. The Act introduces DPAs.  

October 2013: Recent speeches by the SFO clarify its approach towards self-reporting.  See our newsflash for more detail.
   

Ashurst publications
Quickguide: Bribery and corruption - a guide to the UK anti-bribery regime, its implications for businesses and practical steps on how to avoid falling foul of the legislation.

Bribery and corruption: Case studies overview - a snapshot of the cases that are being investigated, awaiting prosecution or have been prosecuted by the UK enforcement agencies.

Training
Act against Bribery - Ashurst's complimentary e-learning tool for clients giving an essential introduction to the UK Bribery Act.

If you would like training on this topic, Ashurst can provide boardroom training specifically targeted to your industry and sector. Click here for more information.

External links

Bribery Act including explanatory notes (18/04/10)

Bribery Act 2010: Adequate Procedure Guidance

Bribery Act 2010: Prosecution Guidance

Bribery Act 2010: Quick Start Guide

Deferred Prosecution Agreements: Government response to the consultation

Deferred Prosecution Agreements: Consultation on Draft Code of Practice 

Sentencing Council's definitive sentencing guidelines for fraud, bribery and money laundering offences and the response to the consultation

Transparency International 2011 Bribe Payers Index - ranks the likelihood of companies from 28 leading economies to win business abroad by paying bribes.

Transparency International Corruption Perception Index - The 2013 Transparency Corruptions Perception Index (CPI) measures the degree to which public sector corruption is perceived to exist in 182 countries around the world. It scores countries on a scale from 10 (very clean) to 0 (highly corrupt).

Transparency International guide to adequate procedures (including checklist)

Transparency International Briefing - How are supply chains affected? 20 point checklist, case study scenario and sample policy wording

Transparency International Handbook: How to bribe - a typology of bribe paying and how to stop it

 

 

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