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The Bribery Act 2010 consolidated and reformed the law on bribery.
It replaced the offences at common law and under the Prevention of Corruption Acts 1889 - 1916 with two general offences; the first deals with bribery and the second deals with being bribed. The basis of the model is an intention to induce improper conduct.
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Sentencing Guidelines for Corporate offenders—Money laundering checklist This Checklist summarises the Sentencing Council’s guidelines for money laundering offences committed by a corporate (Money Laundering Guidelines). The Money Laundering Guidelines can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. These include: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in sentence for a guilty plea (magistrates’ court) For more information, see Practice Note: Sentences imposed following conviction. Among these overarching guidelines, the General guideline: overarching principles (the General guideline) is specifically designed...
Case management in the magistrates’ court—checklist This Checklist should be read in conjunction with Practice Note: Case management in the magistrates’ courts. Prior to getting to court Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial form (PET form) and serving any applications, will also be conducted through Common Platform. For more information, see Practice Note: How to use Common Platform and the Digital Case System. Requesting the Initial Details of the Prosecution Case • defence advocates should obtain the Initial Details of the Prosecution Case (IDPC) by emailing, telephoning or writing to the relevant contact at the Crown Prosecution Service (CPS). The contact details are published on the website for the relevant district of the CPS. The following information is usually required for IDPC requests: ◦...
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Which Precedent—supply of goods agreements—B2B—Flowchart This Flowchart is a guide for determining which Precedent agreement for the supply of goods is most appropriate to use in a given situation. An at a glance table also provides an overview of the key underlying drafting assumptions in each of the Precedent agreements as an alternate method of determining the most appropriate Precedent for use in a given situation. The Flowchart and accompanying table consider the business to business (B2B) Precedent options only. Flowchart Key drafting assumptions in Precedent agreements for the supply of goods—at a glance This table provides an at a glance overview of the key underlying drafting assumptions in each of the Precedent agreements for the supply of goods as an alternate method of determining the most appropriate Precedent for use in a given situation. Precedent Pro-party drafting bias Format Basis of supply Contains data processing provisions Compliance provisions Contains exclusivity and minimum purchase provisions Contains forecast provisions Supply of goods agreement—pro-customer Pro-customer Agreement Ongoing supply (can be...
The regulation of sanctions—flowchart This Flowchart highlights the enforcement bodies which have responsibility for enforcing UN and UK sanctions under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) in the UK. This flowchart should be read in conjunction with the following Practice Notes: The UK sanctions framework under SAMLA 2018 and The enforcement of financial sanctions breaches in the UK. In this flowchart, the following bodies and abbreviations are referenced: • Foreign, Commonwealth & Development Office (FCDO) • HM Treasury (HMT)
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The Bribery Act 2010 (BA 2010) criminalises:•bribing another person (active bribery)•soliciting or accepting a bribe (passive bribery)•bribing a foreign public official, and•for a business or commercial organisation only, failing to prevent briberyThe purpose of this Practice Note is to provide a general understanding of the active and passive bribery offences under BA 2010, ss 1, 2 and the offence of bribing a foreign public official under BA 2010, s 6; in short the giving or receiving of bribes. It does not provide a summary of the corporate offence of failing to prevent bribery, which is covered in Practice Note: Failure to prevent bribery—the offence.This Practice Note should be read in conjunction with Practice Note: The Bribery Act 2010—an introductory guide.BA 2010 came into force on 1 July 2011. Conduct committed before the entry into force of BA 2010 is prosecuted under the old law, see Practice Notes: Corruption and common law bribery—pre-Bribery Act 2010 [Archived] and Pre BA 2010 bribery and corruption—Practicalities [Archived].The offences are based on an improper performance...
Background to the Foreign Corrupt Practices ActThe US Foreign Corrupt Practices Act (FCPA) is a broad piece of legislation that has been well enforced and embedded since its introduction in 1977. It was introduced to deal with the very widespread problem at the time of US companies paying bribes to foreign governments. The FCPA has two categories of provisions:•anti-bribery provisions—these are narrower than those in the UK Bribery Act 2010 (BA 2010), which entered into force on 1 July 2011, in a number of respects•accounting provisions requiring transparency of accounts in all companies that file a report with the US Securities and Exchange Commission (SEC)—these have no equivalent in BA 2010The Foreign Corrupt Practices Act anti-bribery provisionsThe anti-bribery provisions of the FCPA prevent certain company and individuals from corruptly paying, offering, or promising anything of value to a foreign official in order to obtain or retain business. The provisions apply to:•‘issuers’ (companies, US or foreign, with securities listed on a national securities exchange in the US or companies required to...
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Anti-bribery 1 Bribery Laws means the Bribery Act 2010 [and all other applicable UK legislation, regulations and codes in relation to bribery or corruption] [and any similar or equivalent legislation in any
Accounts procedures for fee earners and support staff 2011 [Archived] 1 This document sets out our [accounting OR finance] systems and controls for fee earners and support staff. 2 Basic principles 2.1 We have an overriding duty to protect client money and assets. 2.2 To ensure compliance with this duty and with the SRA Accounts Rules 2011 (the rules), all fee earners and support staff must comply with the systems and procedures set out in this document. 3 Accounts department 3.1 The [Accounts OR Finance] department is located at [insert location, eg office if you have more than one office or location within your office] and is led by [insert name and/or title], [who is also the firm’s Compliance Officer for Finance and Administration (COFA)]. 3.2 [insert any other information regarding the structure of your accounts departments, eg if you have different teams for different functions]. 4 Accounts system 4.1 We have a central accounting [and time recording] system called [insert name...
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Am I allowed to pay or receive a commission under anti-bribery legislation? Please note, this Q&A only considers UK bribery legislation. Payment of commissions We refer you to Practice Note: How to identify when a commission might become a bribe, which outlines how all commissions constitute the giving of a financial advantage, although they will not necessarily be bribes. The Bribery Act 2010 (BA 2010) has a broad interpretation of what may constitute a bribe. It is described as a 'financial or other advantage' given or received in a business context, which constitutes or induces the improper performance of a relevant function or activity. Performance will be ‘improper’ if it breaches a relevant expectation of good faith or impartiality. The general offences under the BA 2010 therefore will often capture the payment of commission, though this will vary among industry. For example, in the art market, a common practice has been the payment of commission to intermediaries owing a duty of trust to an art collector in...
Where can I find information on the UK sanctions regime for Russia? The following resources are available on Lexis+ to assist practitioners with regards to the UK sanctions regime in relation to Russia: • Practice Note: Sanctions regime—Russia which provides an introduction to the UK sanctions regime against Russia under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) and the Russia (Sanctions) (EU Exit) Regulations 2019, SI 2019/855 and highlights additional sources of guidance and information to assist in understanding the regime and the prohibitions created under it • Practice Note: Conflict in Ukraine—UK sanctions tracker [Archived] which aims to assist lawyers to track relevant developments published by the UK government in relation to the conflict in Ukraine. It includes legislation, financial sanctions notices, Office of Financial Sanctions Implementation (OFSI) licences, guidance and other announcements from HM Treasury, OFSI, the Foreign, Commonwealth and Development Office, the Department for International Trade, the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England and the Payment Systems Regulator...
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Law360, London: A Ukrainian-Russian tycoon's wife lost her fight to lift UK sanctions against her on 24 January 2025 as an appellate court ruled that the restrictions were a proportionate way of undermining the Kremlin after Russia invaded Ukraine.
The US Department of Justice has sentenced Manuel Chang, the former Finance Minister of Mozambique, to 102 months in prison for his role in a $2 billion international fraud, bribery, and money laundering scheme. Chang was convicted of conspiracy to commit wire fraud and conspiracy to commit money laundering, having received $7 million in bribes to approve fraudulent loans. The scheme involved misrepresenting the use of loan proceeds to banks and investors, with over $200 million diverted for bribes and kickbacks. This resulted in substantial losses to investors due to loan defaults. Chang has been ordered to forfeit $7 million, with a restitution amount to be determined at a later date. This case is linked to a previous settlement in 2021 where Credit Suisse admitted to defrauding investors in related loan arrangements in coordinated enforcement action between the US and UK.
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