Bribery and Corruption

"The country's premier niche white-collar firm. They're very savvy and understand how the corporate world works."

Chambers and Partners 2017

We have a long track record of defending and advising in corruption investigations.  We advise on how to conduct internal investigations where a company suspects bribes may have been paid on its behalf by its employees, agents or subsidiaries.

We are experienced in conducting cross border investigations and have a network of lawyers who can advise on the law and customs in other jurisdictions.

Every company doing business in the UK needs to be aware of the 2010 Bribery Act. It provides a corporate offence of failing to prevent bribery.

The Act does not allow for facilitation payments and covers public and private corruption. It has never been more important for a company to understand the risks it faces and to devise a corruption risk management program that meets them. Only then will a company have a defence to corrupt actions carried out by agents and employees that otherwise might incur criminal liability and unlimited fines. Debarment from participation in national public procurement processes, confiscation of the benefits of the bribery and being blacklisted by the World Bank are all penalties risked by companies that fall foul of the Act

We understand that companies need to try to conclude investigations quickly, so that they can get on with developing their businesses. Assessing the size of the problem and considering whether to report it to the authorities is an important decision that needs to be taken early on. The SFO has the ability to enter into deferred prosecution agreements for companies that self-report and provide assistance to the authorities.  The tone of an investigation and the interaction with the authorities needs to be set at the outset in order to achieve a favourable outcome.

Individuals are liable to imprisonment of up to 10 years for paying or receiving bribes.

WHAT CLIENTS AND DIRECTORIES HAVE SAID

"Stephen Parkinson’s ‘premier’ department at Kingsley Napley LLP is instructed in several SFO investigations. The group has ‘a very strong stable of partners’"

Legal 500, 2016

"Stephen Parkinson’s department at Kingsley Napley LLP continues to ‘hold its own against the Magic Circle firms’."

Legal 500, 2016

 

"...'Pioneers in the area, with a wealth of expertise'..."

Chambers UK 2014, A Clients Guide to the UK Legal Profession

 

Cases we have been involved in:

  • DePuy (civil settlement)
  • Advised a foreign state in respect of corruption and anti-money laundering laws
  • S7 Bribery Act investigation into a company in the IT sector. Acted for the company
  • Represented a former director of Alstom International Ltd
  • Advised a former Director of MacMillan Publishing
  • Represented Silvio Berlusconi in UK MLA proceedings regarding corruption allegations in Italy
  • Represented senior individuals in relation to the Serious Fraud Office (SFO) investigation both into the BAE Systems/Al Yamamah contracts and other European contracts
  • Acted for the former CEO of PWS, who entered into a plea agreement with the SFO for overseas corruption
  • Advised individuals in relation to the Metropolitan Police investigation into political donations in return for the award of a peerage (Cash for Honours)
  • representing an MP during the police investigation into home office leaks
  • Represented Senior Executives of Innospec plc
  • Acting for David Mabey (Mabey & Johnson)
  • Acted for an individual in the Jubilee line extension fraud trial
  • Acted for an individual in relation to the Serious Fraud Office (SFO) investigation into corruption involving a major Norwegian oil company (Statoil)
  • Acted for individuals in respect of investigation into contracts in Khazakstan and the Congo
  • Misconduct in public office (Operation Elveden) acted for Rebekah Brooks and Andy Coulson
  • Represented individuals in the Plassar rail prosecution and also for Harry Greenway M.P.
  • R v Behag and others – successfully represented a director of a food company accused of corruption who was not prosecuted.

Other internal investigations

  • Internal investigation for a charity looking into allegations of corruption.
  • Internal investigation for a joint venture company involved in a takeover in respect of legacy corruption issues.
  • Corruption investigation, acting for two individuals in connection with an education college paid by local government for allegedly false training outcomes.

 

"Real expertise across all levels, well led and offering practical advice with no histrionics or game playing."

Chambers UK, 2017

First-class reputation for representing company directors and other high-profile figures in criminal investigations into bribery and corruption. Prominent cartel defence practice

Chambers UK 2014, A Clients Guide to the UK Legal Profession

...'Pioneers in the area, with a wealth of expertise'...

Chambers UK 2014, A Clients Guide to the UK Legal Profession

Bribery and Corruption Comment

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Blogs

Iso publishes standard on anti-corruption measures: independent certification or gentle reassurance?

Anti-Money Laundering: European Commission seeks further change

How the Yates memo has brought the ‘long arm of the law’ stiflingly close

Home Office desire for new anti-money laundering powers ahead of Anti-Corruption Summit

Reducing sentences for guilty pleas – a new proposed Guideline

David Green remains at helm of SFO

Spotlight on worldwide corruption

Court of Appeal Rules on Bribery under 1906 Act

Bribery and corruption: 2015 - a year in review

Lessons learned from the first resolution under s7 of the Bribery Act

Corporate liability extension rejected: “failure to prevent” offence confined to the Bribery Act

Rugby World Cup: tackling corruption

Unexplained Wealth Orders: A legitimate and legal approach to corruption?

Transparency International shine light on lack of progress in international anti-bribery action

Bribery and Corruption: judge opens window to FCPA challenge by UK citizen

UK ramps up fight against international corruption

First DPA now eagerly awaited

Senior Managers Regime: Tougher regulation of senior bankers and non-executive directors (NEDs) confirmed

Personal commitments: Benefits and risks of signing an attestation with the FCA

FCA’s Thematic Review: Managing bribery and corruption risk in commercial insurance broking

Financial services: Penalties for manipulation in five additional benchmarks – Consultation announced

The criminal cartel offence – a new era?

Deferred Prosecution Agreements: proposal on how “peculiarly British” DPAs will work in practice

78 days in: all change at the Financial Conduct Authority

Corporate Criminal Liability - Elephant in the room spotted

The National Crime Agency: a new super prosecutor?

First FCA fine imposed as they continue FSAs work in sanctioning banks for money laundering failings

Here’s a novel idea - let’s have a prosecutor leading the CPS

The SFO Director promises less deals, more criminal prosecutions and hopes to lower the test for corporate criminal liability

UK Financial regulatory landscape: A quick guide to the new Financial Conduct Authority, Prudential Regulation Authority & Financial Policy Committee

Interpol Red Notices and how to deal with them

Deferred Prosecution Agreements - a lost opportunity?

FATF report on specific risk factors in laundering the proceeds of corruption: a risk-based approach

Guidance on anti-bribery due diligence in mergers, acquisitions and investments – companies and investors ignore at your peril

Deferred prosecution agreements - the road ahead?

National Fraud Indicator records annual losses of £73bn

Bribery Act 2010: are you compliant?

Bribery and Corruption and the FSA

Is the Bribery Act finally fit for purpose?

UK Bribery Act - Best to be agnostic

Bribery Act: Consultation

Bribery Act guidance takes ‘common sense’ approach

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+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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