Bribery: A Compliance Handbook

Erscheinungsjahr 2014
ISBN: 978-1-78043-328-8
Verlag: Bloomsbury

Buch, Englisch, 426 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 672 g

Reihe: Directors' Handbook Series

"One of the great strengths of this book is the way the authors blend good practical legal advice, genuine insight about the attitude and approach of the authorities in the UK, and off-the-shelf policies to help corporate bodies navigate their way through these often difficult waters. The game has changed and those who ignore the practical advice offered in this book do so at their own peril."

Sir Keir Starmer KCB QC, Director of Public Prosecutions 2008-13 (from the foreword to the book)

Bribery: A Compliance Handbook is a practical guide to regulation in relation to corrupt practices. The book considers the safeguards and practical measures that organisations should put in place to prevent prosecution or regulatory action. It is a compliance text focussing on the requisite measures to be put into place by company directors and compliance officers to avoid liability.

This book is a reference point for those concerned with regulation of potentially corrupt activities. It covers the current bribery legislation in the UK and the domestic and international context within which it was enacted and reviews each of the principal offences and considers some case studies and issues that affect particular sectors. The emphasis of the book is on preventative matters rather than defending subsequent prosecutions and will appeal not just to lawyers, but to compliance officers, non executive directors and others who are required to be aware of the provisions.

Bribery: A Compliance Handbook is essential reading for in-house and private practice lawyers advising clients in this area and for compliance officers or Board members, who post Bribery Act are ever more likely to be engaged with the difficult practical issues the new legislation gives rise to.

Contents: 1 Introduction; 2 Global context including the FCPA; 3 Background the British bribery legislation; 4 Giving and taking of bribes; 5 Small bribes and facilitation payments; 6 Bribery of a foreign public official; 7 Failure of commercial organisations to prevent bribery; 8 Adequate procedures; 9 Internal company investigations; 10 Self-reporting; 11 Deferred prosecution agreements; 12 What to do if you are being investigated; 13 Corporate hospitality; Appendix 1 Small bribes management discussion; Appendix 2 Red flags; Appendix 3 Ministry of Justice Guidance on the Bribery Act 2010; Appendix 4 Sentencing Council Definitive Guideline on fraud, bribery and money laundering: corporate offenders; Appendix 5 Crime and Courts Act 2013 Schedule 17: Deferred prosecution agreements; Appendix 6 Criminal Procedure Rules Part 12: Deferred Prosecution Agreements; Appendix 7 Deferred Prosecution Agreements Code of Practice; Appendix 8 Transparency International Corruption Perception Index 2013.

Autoren/Hrsg.

Sallon QC, Christopher

Chada, Raj

Tate, Sam

Fachgebiete

• Wirtschaftswissenschaften Betriebswirtschaft Management Compliance
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1 Introduction

2 Global context including the FCPA

3 Background the British bribery legislation

4 Giving and taking of bribes

5 Small bribes and facilitation payments

6 Bribery of a foreign public official

7 Failure of commercial organisations to prevent bribery

8 Adequate procedures

9 Internal company investigations

10 Self-reporting

11 Deferred prosecution agreements

12 What to do if you are being investigated

13 Corporate hospitality

Appendix 1 Small bribes management discussion

Appendix 2 Red flags

Appendix 3 Ministry of Justice Guidance on the Bribery Act 2010

Appendix 4 Sentencing Council Definitive Guideline on fraud, bribery and money laundering: corporate offenders

Appendix 5 Crime and Courts Act 2013 Schedule 17: Deferred prosecution agreements

Appendix 6 Criminal Procedure Rules Part 12: Deferred Prosecution Agreements

Appendix 7 Deferred Prosecution Agreements Code of Practice

Appendix 8 Transparency International Corruption Perception Index 2013

Über Autor(innen)

Tate, Sam
Sam Tate, a partner at RPC with extensive practical experience of complicated cross-border investigations and crime prevention programs. Sam works with a number of FTSE 100, international and privately owned entities and individuals in relation to financial crime proceedings, investigations, and practical crime prevention programs. He is a regular speaker and moderator at industry and government events and was previously Head of Anti-corruption in EMEA for a global financial crime consultancy.

Chada, Raj
Raj Chada, a partner at the leading criminal law firm of Hodge Jones & Allen. Raj has vast experience in defending complex fraud cases. He has developed a niche practice in advising company executives accused of criminal offences (including corruption) and has written extensively on the consequences of the Bribery Act.

Sallon QC, Christopher
Christopher Sallon QC of Doughty Street Chambers. A founder member of Doughty Street Chambers, he has a high profile criminal practice focusing on regulatory and financial crime, bribery and corruption, corporate compliance and pre-charge advice; homicide, including corporate manslaughter; international criminal cases; extradition and mutual assistance; cases which involve medicine and forensic science; all other aspects of criminal law trial and appeal work.

Raj Chada, a partner at the leading criminal law firm of Hodge Jones & Allen, Christopher Sallon QC of Doughty Street Chambers and Sam Tate is one of the two subject matter experts for anti-bribery/corruption and anti-money laundering at BP Plc.