bribery and corruption helping you keep your business in-check
Did you know? Corporate hospitality and other promotional expenditure can be considered a bribe if it is deemed lavish A company does not have to be complicit in corruption to be found guilty. It can be culpable if it is not able to show that it had adequate procedures in place to prevent persons associated with the firm bribing another person.
The UK authorities are looking for headline, slam-dunk corporate prosecutions under the Bribery Act 2010. Companies that are not aware of their responsibilities under the legislation, both in the UK but also crucially abroad, or have sufficient protocols in place are risking very damaging and expensive court cases Ian Ryan, Head of Business Crime and Regulatory 1
Comprehending anti-corruption rules Bribery prevention has gone global and it is not just dodgy manila envelopes that the authorities are targeting. Now, anything from front row tickets to the opera for a potential new client to failure to establish adequate internal procedures to prevent bribery globally can fall under far-reaching UK anti-corruption legislation. The punishments are becoming ever-more severe too; individuals found guilty can receive a prison term of up to 10 years while corporate entities can receive limitless fines. Howard Kennedy can help you work through these challenges. Our bribery and corruption team has extensive experience acting for individuals and corporations in every type of investigation. 2
Our services Ian Ryan, a respected partner and Higher Court Advocate, leads the group which has a long-standing track record for creating solutions to help prevent the potential fiscal and reputational damage of fraud convictions as well as investigate and advise on what to do when fraud allegations are made. We have acted for high-profile individuals and corporates on compliance procedures and investigations across a host of different sectors and areas. The diverse client list includes a Deputy Chief Constable, an oil company, a Medical Reports Agency and a US multinational company, providing a genuinely global perspective on the issues you face. Our team covers pre-emptive advice on bribery and corruption, whether that is understanding the rules on corporate hospitality or the practicalities of internal reporting processes, we have helped clients shape their pre-empt initiatives. These include bespoke compliance programmes, risk assessments and clear and consistent corporate policies. If the worst should happen and an organisation or individual is facing allegations of wrongdoing, it is critical to get legal advice. You need to know that investigations and crisis management can be handled properly and professionally. We are able to provide representation regarding: Criminal proceedings International liaison Advice and representation in extradition proceedings Money laundering Restraint Orders. The team works closely with the Meritas network of international law firms (where the client does not have representation in overseas jurisdictions) which enables us to provide a co-ordinated, quality-controlled approach to international investigations and process. We can advise on: Reviewing compliance procedures and processes Director and board level responsibilities Internal investigations Self-reporting and advice in relation to Suspicious Activity Reports (SARs) Employment advice. 3
Market insight Many UK companies are looking at investments in emerging markets, such as China, South East Asia, Africa and Latin America. The business cultures and practices there are very different but, under the Bribery Act 2010, should a company official or agent even if they are based outside the UK offer a bribe to a foreign official, then can be prosecuted in the courts and face an unlimited fine. 4
Key contact Ian Ryan Partner, Head of Business Crime and Regulatory ian.ryan@howardkennedy.com +44 (0)20 3755 5691 The outstanding Ian Ryan heads the team at Howard Kennedy which has particular expertise in money laundering, bribery and corruption cases and FCA investigations. Legal 500
No.1 London Bridge London SE1 9BG DX 144370 Southwark 4 Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000 www.howardkennedy.com