Bribery: A Compliance Handbook

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 principle 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: Chapter 1 Introduction; Chapter 2 The global legal context; Chapter 3 - Background to British bribery legislation; Chapter 4 The UK Bribery Act; Chapter 5 Active bribery; Chapter 6 Receipt of Bribes; Chapter 7 Section 6: Bribery of corrupt foreign public officials; Chapter 8 The corporate offence of failing to prevent bribes; Chapter 9 Overview of 'Adequate procedures' in practice; Chapter 10 Case Study: Lord Goldsmith on significance of the UK Bribery Act and Guidance for company managers; Chapter 11 Case study: corporate hospitality, the civil law of bribery, address commissions and facilitation payments; Chapter 12 Practical measures for corporate compliance; Chapter 13 The geographical factor and weak governance zones; Chapter 14 The sectoral factor; Chapter 15 Third party risk and corporate exposure; Chapter 16 Settlements and monitors.

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 den Autor / die Autorin

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.

Zusammenfassung

“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.

Vorwort

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.

Zusatztext

...a detailed exposition of the Act's provisions in clear and accessible language. It is a collaborative effort, drawing together contributions from a number of experienced practitioners.

Produktdetails

• Autoren: Mr Raj Chada, Raj Chada, Raj Sallon Chada, Christopher Sallon, Qc Sallon, Christopher Sallon QC, Christopher Sallon Sallon QC, Mr Christopher Sallon Sallon QC, Mr Sam Tate, Sam Tate
• Verlag: Bloomsbury
• Sprache: Englisch
• Produktform: Taschenbuch
• Erschienen: 30.06.2014
• EAN: 9781780433288
• ISBN: 978-1-78043-328-8
• Seiten: 426
• Serien: Directors' Handbook Series; Directors' Handbook; Directors' Handbook Series
• Thema: Sozialwissenschaften, Recht,Wirtschaft > Recht > Internationales Recht, Ausländisches Recht