Cunninghams Solicitors

I’ve been accused of bribery and corruption: can a solicitor help me?

If you have been accused of bribery and corruption it can be a worrying time. You may be wondering what corruption and bribery actually entails, what the consequences are if you are found guilty, and which type of defence solicitor will be best placed to help you.

As professional and experienced fraud defence solicitors, we can advise you on the best course of action if you have been accused of corruption and bribery. Below are all the facts you need to know.

What is bribery and corruption?

Corruption and bribery are currently prohibited under at least 12 different Acts of Parliament, but what exactly do these terms mean, and what crimes come under the headings of ‘corruption’ and ‘bribery’?

Corruption

Corruption is defined as “the abuse of entrusted power for private gain.” Some examples of corruption are:

• abuse of the power given to an individual by another person or organisation
• activity that’s beyond the position or remit of a person
• benefits obtained for an employee’s personal gain, rather than for their organisation.

Some businesses and individuals fall foul of corruption laws without meaning to, by working with agencies, distributors and partners who are corrupt. Partners who are reluctant to go through a due diligence procedure or provide the requested documents may be corrupt and should ring alarm bells. Similarly, partners who insist that you use specific suppliers without good reason may also be acting corruptly. Another clear red flag is when businesses request that payments be made into an offshore account, in cash, or to a charitable cause: these can all be indicators of corruption. By getting involved with these types of partners, businesses and individuals can find themselves accused of corruption themselves.

Bribery

Bribery is a subset of corruption and is defined as the offering, promising, or giving of something to influence an official. The offering or giving of any benefits such as cash or gifts in order to induce that person to give inappropriate help in breach of their duty to the government or organisation is classed as bribery.

Some examples of bribery are:

• payments to get a faster or better service
• payments made to gain advantage in public procurement processes
• offering, providing or receiving gifts, entertainment, hospitality or other items of value such as donations, sponsorships and internships
• levels of hospitality disproportionate to a business transaction

Similar to corruption, you can find yourself facing bribery charges if you work with business partners or associates who put you at risk with their actions. When trying to break into new markets it can seem tempting to work with agents and distributors. However, this can sometimes leave businesses vulnerable to bribery practices, with third parties paying bribes on their partner’s behalf.

People can also find themselves accused of bribery if they offer small bribes for routine services, or ‘facilitation payments’. For example, payments to officials to perform routine functions that they would be obliged to perform anyway are classed as bribes.

Gifts, entertainment and hospitality is another area that can be classed as bribery. However, this area is less clear-cut as gifts, entertainment and hospitality are not prohibited under the Bribery Act, which means it can cause confusion and difficulties in business circles. It all comes down to  making a sound judgement on the level of hospitality to offer, how to provide it, and the level of influence the recipient might have. Hospitality or gifts that are genuinely proportionate and reasonable to the business you’re doing are very unlikely to be classed as bribery. 

The Bribery Act 2010

The Bribery Act 2010 changed the legislation around bribery and corruption. The changes mean that more individuals are now likely to be accused of behaving contrary to the bribery and corruption legislation.

Under the Anti Terrorism, Crime and Security Act 2001 UK companies and individuals can now also be prosecuted in the UK for acts of bribery which occur overseas. The government then went further with fresh legislation under The Bribery Act 2010 putting more and more individuals at risk of prosecutions for involving themselves in what they think is perfectly legitimate business practice. The powers of the Serious Fraud Office (SFO) to compel companies to hand over documents are also likely to be extended.

If you’ve been accused of corruption and bribery, how can a fraud defence solicitor help?

At Cunningham’s we understand that an accusation of bribery and corruption can be a frightening experience.

Our firm has experience of dealing with individuals and companies accused of bribery at the most minor level to the gravest of allegations. We appreciate that any such allegations can be life changing, and we’re here to help. If you wish Cunningham’s to take over your case, we are used to dealing with such enquiries and can reassure clients that any transfer of their case will be smooth, free of embarrassment and always in their best interests.

Operating nationwide from our bases in the City of London and Central Manchester, Cunninghams are leaders in defending those accused of serious fraud and complex crime and are consistently ranked as a leading practice in these fields in all guides to the UK legal profession.

If you have been accused of bribery and corruption we can help. Our initial advice is always free of charge. Contact us on 0800 051 2506 or make an on-line enquiry.