Scottish Authorities Settle First Corporate Criminal Offence Under The Bribery Act

INTRODUCTION

On 25 September 2015, prosecutors in Scotland announced the first application of the corporate offence of failing to prevent bribery under section 7 of the Bribery Act 2010. Due to self-reporting and extensive cooperation with the authorities, the case was settled with a civil recovery order under the Proceeds of Crime Act 2002 and the defendant avoided a criminal prosecution.

BACKGROUND

Brand-Rex Limited is a medium-sized Scottish company that develops and supplies cabling systems for network infrastructure and industrial uses. It operated an incentive scheme known as "Brand Breaks" for UK distributors and installers. In return for meeting or exceeding sales targets, installers and distributors were eligible for rewards, including foreign holidays.