The UK's Serious Fraud Office ("SFO") has brought
charges under the UK Bribery Act 2010 for the first time. The
charges have been brought against three individuals in connection
with a £23m fraud at Sustainable AgroEnergy Plc. The charges
relate to both the giving and receiving of a bribe (under ss. 1
and 2 Bribery Act 2010).
Given the fanfare with which the UK Bribery Act was introduced, we
expect that some commentators will make much of these first charges
by the SFO. However, the acts of giving and receiving a bribe were
also prohibited under the statutes in force prior to the
introduction of the Bribery Act and the Crown Prosecution Service
(the agency responsible for prosecuting general offences
investigated by the police) has already secured the conviction of
three individuals under the Bribery Act 2010.
Of greater interest will be when the SFO brings charges under the
entirely new offence introduced by the Bribery Act of failure of a
commercial organisation to prevent bribery (s.7 Bribery Act
2010). As yet, it is not clear when this will be.
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