Corruption takes the form of bribery, kickbacks, illegal gratuities, economic extortion and collusion placing law-abiding companies at a competitive disadvantage. Recent directives and legislation issued in the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act (FCPA) provide companies with a clear warning against corrupt business activities.
In particular, the UK Bribery Act 2010 introduced a new “strict liability” offence for corporate entities that fail to prevent bribery by its employees, agents or subsidiaries (both domestic and foreign).
The only defence available is that the corporate entity had in place “adequate procedures” to prevent bribery. This potential corporate liability is wide and far-reaching and could have grave consequences for corporate entities and their executives, including unlimited fines.
Despite these various legislative measures, corruption is still a significant problem for businesses and executives, particularly due to growing financial pressures and opportunities in unregulated markets.
Our investigative due diligence will examine whether corruption schemes exist within your business and supply chains, implement robust anti-bribery and corruption provisions and policies, as well as guiding you through any subsequent investigations.
Our consultants can also assist with the review of existing contractual terms with employees, agents and other parties in your supply chain to ensure compliance with the UK anti-bribery legislation and elements of the “adequate procedures” requirements.