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The Bribery Act             Media Partners
The Bribery ActWhat every commercial lawyer needs to knowRaj Chada, PartnerHodge Jones & Allen LLP25th May 2011
Regulatory Success•   Mabey & Johnson - £6.5m•   Balfour Beatty - £2.25m•   Aon Limited - £5.25m•   Innospec - £12.7m•   B...
Why a new Act?New framework•    Abolition of old act creates new offences•    Removes need to prove acts were done corrupt...
Bribing another person• Definition of bribery - distinction between crime  and civil• A party offers, promises or gives a ...
Being bribed• Requests, agrees to receive, or accepts a  financial or other advantage   – Case 3: Intention to perform imp...
Improper Performance• Breach of an expectation  – Good faith  – Impartiality  – Trust
The Penalties10 years imprisonmentUnlimited fine
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The Bribery Act - Raj Chada

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Presentation by Raj Chada, partner in Hodge Jones & Allen's Criminal Defence and Serious Fraud teams.

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The Bribery Act - Raj Chada

  1. 1. The Bribery Act Media Partners
  2. 2. The Bribery ActWhat every commercial lawyer needs to knowRaj Chada, PartnerHodge Jones & Allen LLP25th May 2011
  3. 3. Regulatory Success• Mabey & Johnson - £6.5m• Balfour Beatty - £2.25m• Aon Limited - £5.25m• Innospec - £12.7m• BAE - £30m (UK) $400m (US)
  4. 4. Why a new Act?New framework• Abolition of old act creates new offences• Removes need to prove acts were done corruptly or dishonestlyThe Offences6. Bribing another person7. Being bribed8. Bribery of foreign public officials9. Failure of commercial organisations to prevent bribery
  5. 5. Bribing another person• Definition of bribery - distinction between crime and civil• A party offers, promises or gives a financial or other advantage directly or through a third party.• Wrongfulness – Case 1: Advantage is intended to induce (or be a reward for) improper performance – Case 2: Know or believe that acceptance of advantage offered in itself constitutes the improper performance
  6. 6. Being bribed• Requests, agrees to receive, or accepts a financial or other advantage – Case 3: Intention to perform improperly – Case 4: Request/agreement/acceptance is improper – Case 5: Reward – Case 6: Anticipation
  7. 7. Improper Performance• Breach of an expectation – Good faith – Impartiality – Trust
  8. 8. The Penalties10 years imprisonmentUnlimited fine

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