Bribery and corruption
At Libra Solicitors we understand that if you are accused of an offence of this nature it can be extremely stressful and damaging to your reputation, even if the allegations are subsequently proved to be wrong. In such difficult circumstances it is important that you make informed choices.
Whether you are a company accused of an offence such as ‘failing to prevent bribery’, or an individual accused of offence such as ‘accepting a bribe’, our expertise could help you. We will give you the clear, practical legal advice you need to make decisions with confidence.
For a confidential discussion about the issues with which you or your company may be concerned, contact us on 01223 632420 and arrange an appointment.
The Bribery act 2010
The scope of The Bribery Act 2010 is considerable, and the penalties that can be imposed on conviction can be severe. Individuals, senior company officers and companies themselves can be prosecuted and the offences that can be prosecuted under the Act include:-
- Giving, promising, or offering a bribe to another person
- Bribing a foreign official
- Accepting, receiving, or agreeing to receive a bribe
- Failing to prevent bribery
In respect of companies that are being prosecuted under the Act, it is generally the adequacy of their policies in respect of the prevention of bribery and corruption that is questioned. If after examination, the company is deemed to have taken adequate preventative action, it will avoid a conviction under the Act for ‘failing to prevent bribery’.
What is or is not considered adequate, is determined on a case by case basis. Companies that are deemed not to have taken adequate preventative action, could be prosecuted and the penalties that could subsequently be imposed if guilt is established, could be significant.
Preventative business policy
At Libra Solicitors, we are committed to providing our clients with expert legal advice that they can trust and we deliver it in a clear, concise manner. We can conduct a thorough review of your company’s existing policies and advise you as to whether or not they are ‘fit for purpose’. We can advise you if changes need to be made, and if necessary, we can draft new policies that are designed and tailored to meet your company’s specific preventative needs.
We believe that the introduction and proper monitoring of specific preventative policies, that incorporate into them a proactive approach to regulatory compliance, could help businesses prevent bribery and corruption from taking place. In addition, we believe that such an approach is likely to promote a culture of compliance within the company itself, and makes excellent business sense.
It could for example, boost confidence in the company as it projects the company’s values and business standards, both to those within the company itself and to those who deal with it from a business standpoint. For a confidential discussion about how we can help your company successfully implement preventative policies, call us now on 01223 632420 and arrange an appointment.
Going to court
Whether you are an individual or a company charged with an offence of this nature, our expertise could help you. We will thoroughly examine every aspect of the available evidence, meticulously prepare your case and give you clear, practical advice that you can trust. If there are defences to the charge or charges you or your company faces, we will advise you accordingly.
We will also advise you if we think forensic accounting experts or investigators could assist you with your case. In such instances, we will work closely with a leading consultant firm such as Emmerson Associates, to ensure you have the right expertise supporting your case. In some circumstances, it may be appropriate to request the Crown to review the prosecution, and if so, we will advise you accordingly and we can make representations on your behalf.
Should your matter proceed to court, an experienced QC, barrister or solicitor-advocate will lead your case so you know the advice and representation we provide, is of the highest quality.
For a confidential discussion about the issues that you your company may be facing, call us now on 01223 632420 and arrange an appointment.