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ARTICLE · 13 JULY 2018

Recent Anti-Bribery Decision Could Have Far-Reaching Consequences

Shepherd and Wedderburn
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What can be observed is that a business asserting it has an 'ethical culture' is not going to be sufficient in the absence of any evidence to support that claim.

United KingdomCriminal Law
Kevin Clancy
Kevin Clancy
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In a recent decision, two individuals were sentenced for Bribery Act 2010 offences (bribing a person, and being bribed). The outcome of those criminal proceedings is instructive, both in terms of (1) illustrating the consequences to company directors of being found guilty of bribery offences, as well as, (2) providing some guidance to commercial organisations as to what might be meant by "adequate procedures".

The criminal conduct

The prosecution arose out of financial payments made by Stephen Banks, former managing director of Skansen Interiors Ltd (Skansen), to Graham Deakin, former project manager of DTZ Ltd. Mr Banks paid £10,000 to Mr Deakin (with the promise of further payments) during 2012 and 2013 to provide information that would assist Skansen secure contracts with DTZ. Skansen went on to secure contracts worth £6 million.

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