Bribery Act - Prosecution #1

Bribery Act 2010

The first prosecution under the Bribery Act 2010 which came into force earlier in 2011 is of a court clerk, Mr Patel at a county court in Essex. The CPS said “It is alleged that Patel promised an individual summonsed for a motoring offence that he could influence the course of criminal proceedings in exchange for £500, on 1 August 2011.” Having reviewed all of the evidence gathered by the police and considered the DPP’s guidelines on the Bribery Act, the CPS said that it was “satisfied there is sufficient evidence to charge Munir Patel with requesting and receiving a bribe on 1 August 2011, intending improperly to perform his functions.”

See http://www.cps.gov.uk/news/press_releases/123_11/

Our Bribery Act Prevention Services:

Anti-corruption policy – This document can be drawn up for a relatively modest fixed fee and could ensure the company has a defence in relation to a claim.
Commercial Contracts – Warranty in distribution and agency and joint venture contracts stating that no bribes or secret commissions or illicit payments have been given nor received and requiring the other party to include a similar clause in their own contracts. However, it is worth noting that an obligation to “indemnify” should be avoided as indemnifies against criminal offences can be void on the grounds of public policy.
Mergers and Acquisitions – If you are considering buying a company which may have business interests which border on or overlap with “bribery” issues, it is worth ensuring that the Seller’s warranties include a carefully worded provision dealing with this matter.

If you require assistance with the above matters or with writing a bribery or ethics policy or as to the clauses to be included in policies to ensure your business can show it has taken adequate measures to prevent bribery (and thus have a defence to an action against it), please don’t hesitate to contact us on the above numbers or [email protected].

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Bribery Act - Prosecution #1

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