ANTI-BRIBERY AND CORRUPTION (ABC): LEGAL AND COMPLIANCE EXPERTISE
At Gherson, we understand the significant risks posed by bribery and corruption to businesses operating in an increasingly regulated environment. Our team of skilled and experienced lawyers provides expert advice to help organisations navigate the complexities of the Bribery Act 2010 and corresponding international anti-corruption laws, ensuring robust compliance and effective investigation and defence strategies when needed.
WHY IS ANTI-BRIBERY AND CORRUPTION COMPLIANCE IMPORTANT?
Bribery and corruption pose legal, financial and reputational risks to businesses of all sizes. Enforcement authorities are becoming more streamlined and coordinated in their information sharing and actions across borders. Non-compliance with anti-corruption laws can result in severe penalties, including:
- Disruptive, multi-year investigations.
- Unlimited fines for organisations.
- Imprisonment for individuals found guilty of offences.
- Damage to business reputation and relationships with clients, regulators and partners.
- Ancillary offences under anti-money laundering legislation.
The Bribery Act 2010 is one of the most comprehensive anti-corruption laws globally, imposing strict liability on UK businesses and those operating (even partially) within UK jurisdictions. Effective compliance is essential to providing a corporate defence, avoiding ancillary legal and commercial consequences and maintaining a strong ethical reputation.
OUR ANTI-BRIBERY AND CORRUPTION SERVICES
We provide a range of tailored services to support businesses in meeting their legal obligations and mitigating risks:
- Compliance Programmes
- Risk Assessment and implementation of bespoke anti-bribery programmes, including adequate procedures to prevent bribery under UK legislation.
- Assistance with the compliance assessment and engagement of third parties to act for or on behalf of your business, particularly in high-risk jurisdictions.
- Assistance with pre-transactional due diligence and/or post-acquisition compliance implementation as part of adding value to corporate transactions.
- Bespoke training for employees, senior management and compliance teams.
- Help with whistleblowing programmes designed to ensure that reports are made internally.
- Conducting compliance audits of group companies or third parties to assess the strength of ABC controls.
- Working with businesses who are undergoing a compliance audit by a third party customer.
- Defence Against Allegations
- Expert legal representation for organisations and individuals accused or suspected of bribery offences.
- Strategic advice on implementing effective investigations and navigating enforcement action to achieve the best possible outcomes.
- Working with stakeholders to ensure business continuity throughout the life-span of an investigation.
- Internal Investigations
- Conducting strategic and discreet internal investigations to address concerns about potential bribery or corruption within your organisation.
- Providing expert guidance on preservation and collection of evidence in a forensically sound manner.
- Conducting interviews with staff and third parties.
- Designing and impleming remedial actions.
- Corporate Governance and Reporting
- Advice on corporate governance frameworks to ensure compliance with anti-bribery laws.
- Assistance with investigations including advice to boards, audit committees and senior executives on self-reporting
- Streamlining inquiries from multiple regulators, including facilitating coordinated resolutions (if required).
KEY OFFENCES UNDER THE BRIBERY ACT 2010
The Bribery Act outlines four key offences:
- Bribing Another Person: Offering or giving a financial or other advantage to induce improper performance of a function or activity.
- Being Bribed: Accepting or agreeing to accept a bribe.
- Bribery of Foreign Public Officials: Offering advantages to influence foreign public officials to obtain or retain business or an advantage in the conduct of business.
- Failure of Commercial Organisations to Prevent Bribery: Organisations can be held strictly liable if they fail to prevent bribery on their behalf by third parties (including employees, agents and subsidiaries) , even without direct knowledge or involvement in the relevant conduct.
WHY CHOOSE GHERSON?
- Expert Knowledge: Our lawyers have deep working expertise in anti-corruption laws, including the Bribery Act 2010 and corresponding foreign laws.
- Tailored Solutions: We develop bespoke strategies that align with your organisation’s operations and risk profile.
- Proven Defence Experience: With extensive experience in high-profile bribery cases, we provide robust strategic representation for businesses and individuals under investigation.
- Detection and Prevention: Our proactive approach helps organisations implement preventative measures to detect and prevent breaches of law.
EXPERIENCE[1]
Our team has:
- Successfully advised a multinational company on implementing anti-bribery policies across multiple jurisdictions.
- Defended a senior executive accused of bribery involving high-value international contracts.
- Advised multiple companies on the decision to self-report corruption.
- Advised on document production notices.
- Conducted an internal investigation for a UK-based organisation facing allegations of bribery in its overseas operations, resulting in a favourable resolution with regulators.
- Represented Airbus SE in its multi-jurisdictional investigation leading to a global resolution with the French Parquet Nationale Financier, UK Serious Fraud Office, US Department of Justice and US Department of State.
CONTACT US
If you need assistance with anti-bribery compliance, internal investigations or defence against allegations, contact Gherson today. Our experienced team provides bespoke advice and strategic solutions to safeguard your organisation’s interests.
[1] Some experience is from prior firms