Bribery and corruption

The UK's new Bribery Act came into effect on 1 July 2011. The Bribery Act represents one of the toughest pieces of anti-corruption legislation anywhere in the world, stricter in its terms than the US Foreign Corrupt Practices Act.

The Bribery Act:

Re-defines the general offences of bribery
Creates a specific new offence of bribing a foreign public official
Creates another new offence of failure to prevent bribery, applicable only to commercial organisations, which is subject to a defence of 'adequate procedures' designed to prevent bribery
Applies in both the public sector and the private sector
Applies to any transactions in the UK and all UK residents, companies, partnerships and citizens anywhere in the world
Also applies to non-UK-based companies which carry on business in the UK
Does not permit 'facilitation' payments

There is no doubt that businesses should put in place detailed procedures which attempt to prevent bribery by staff and other agents or representatives. In the event that conduct which may amount to bribery is discovered businesses should act quickly to obtain expert and independent legal advice.

Bribery and corruption

The anti-corruption group at Lawrence Graham can advise you on:

Defending against regulatory actions/prosecutions
Investigating allegations of wrongdoing
Conflicts of interest at board level and beyond
Difficult, complex or high-risk situations: threats, extortion or blackmail
Developing anti-bribery policies and procedures to comply with the Bribery Act

Bribery and corruption

Advising numerous international companies on anti-corruption compliance
Advising very large pharmaceutical company investigating blackmail and other crime
Acting for Trinity Capital plc in very large multi-jurisdictional proceedings, including emergency injunctive relief
Acting for energy company in very large corruption investigation
Acting for utilities company in major regulatory and criminal investigation
Conducting investigations for large international reinsurance company
Advising major healthcare company on various complex compliance and regulatory issues

Bribery and corruption

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Dispute Resolution Group An outline of our experience and knowledge in Dispute Resolution 19 Dec 2011 DOWNLOAD PDF
Civil Fraud and Asset Recovery An outline of our knowledge and experience in civil fraud and asset recovery 19 Dec 2011 DOWNLOAD PDF
The Bribery Act briefing A briefing on The Bribery Act 03 Mar 2011 DOWNLOAD PDF

Bribery and corruption

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Three commendations awarded to Lawrence Graham at FT Innovative Lawyers 2011 LG wins three commendations from the FT for its dispute resolution and private capital teams Oct 2011 MORE
Reaction to new guidance on the UK Bribery Act The Ministry of Justice has published its long awaited guidance on the Bribery Act due to come into force on 1st July 2011. Mar 2011 MORE
Bribery Act delay. is the UK soft on international corruption? This further delay is hard to understand. There has been more or less constant consultation with industry and many other interested parties for almost four years. Jan 2011 MORE
Reaction to Government review of Bribery Act This 'review' seems to be part of a much wider review of legislation, not something specific to the Bribery Act. Jan 2011 MORE
No privilege for crimes in parliament A group of MPs and a Member of the House of Lords have been charged with false accounting under section 17 of the Theft Act 1968. Nov 2010 MORE
Bribery Act consultation guidance should not be ignored Sep 2010 MORE
Anti corruption lawyers welcome revolutionary Bribery Act As you are probably aware, the Bribery Act has been passed by Parliament and is likely to receive Royal Assent today (Thursday 8 April). Apr 2010 MORE

Bribery and corruption

Eoin O'Shea is considered one of the leading authorities on the Bribery Act and his book has won high praise from judges and practitioners alike:

Lord Justice Thomas:

"[The Bribery Act 2010: A Practical Guide is] the product of immense industry, reflection and thought."

Vivian Robinson, former first General Counsel to the Serious Fraud Office (SFO):

"Lawrence Graham's approach to [The Bribery Act] is unusual in that they have actively sought to counter some of the scaremongering which is out there. For example they invited me to speak at a conference specifically aimed at giving a positive message, to mid-cap firms in particular, that the SFO, FSA and others will take a proportionate approach to interpretation and enforcement. Eoin O'Shea's book on the Act will be an important contribution to scholarship in the area."

FT Innovative Lawyers Award - Commended for Bribery and Corruption