The first person to be convicted of an offence under the new Bribery Act was today jailed for 6 years by a judge at Southwark Crown Court.
The former Redbridge Magistrates court clerk took £500 in return for agreeing not to enter the details of a reporters' road traffic penalty points on a court database.
Tim Hayes, legal counsel, compliance at Pannone LLP said "the sentence is a heavy one which will send out a shockwave throughout businesses who up until now appear to be treating the new anti-corruption measures in a laissez faire manner." The clerk who was subject to a sting operation by a national newspaper admitted one count of bribery although prosecutors believed he had earned at least £20,000 by helping 53 offenders. The bribery act came into force on July 1st 2011 and applies to all UK businesses and UK nationals. The maximum sentence is 10 years in prison and an unlimited fine for a business.
This was an interesting case and was always going to attract a heavy sentence because after all the individual was someone who had a very substantial and trusted position. In his sentencing remarks the Judge McCreath said "Your position as a court clerk had at its heart a duty to public confidence in it". I don't think there are many who would disagree with the judge who went on to say "A justice system in which officials are prepared to take bribes in order to allow offenders to escape the proper consequences of their offending is inherently corrupt and is one which deserves no public respect and which will attract none"
There has been a very relaxed approach by businesses to the implementation of the act, the first real piece of anti-corruption legislation since 1906. In tough economic times perhaps businesses could have been forgiven for taking the 'my doctor approach' - You know, how many of us are proactive when it comes to seeing the GP? We normally go when we are unwell. This reactive approach is one followed all but too often by businesses but surely with this deterrent sentence being passed perhaps it will act as a wake up call to those who may have heard of the obligations placed on them under the act but decided to leave in abeyance the anti-corruption policy, due diligence and risk assessment? Some of which would be needed to establish a defence to the corporate offence of failing to prevent bribery.
F1 and Avon - Bribes, This Can't Be Cricket?
Still taking the 'my doctor' stance? Not convinced? How about this, already there are some serious fraud office (SFO) bribery investigations in to household names and how they have chosen to conduct their overseas business. Ding dong, Avon calling. The American based company and UK ladies favourite are being investigated in the United States in relation to the allegations that the firm spent millions bribing officials in China and Latin America. Formula One's Bernie Ecclestone has been giving evidence in a German anti-corruption trial. Whilst Mr Ecclestone was appearing for the prosecution, it is the UK's Serious Fraud Agency who are now considering whether to launch a full scale investigation into the bribery allegations surrounding the F1 impresario who has admitted paying almost $23million to a German banker.
Following the conviction of the former Pakistan cricketer captain Salman Butt for match fixing, the former head of the ICC's anti-corruption unit, Lord Condon went to press telling of his fears that up until 10 years ago match fixing was rife in all of cricket's leading countries. He said "in the late 1990's Test and World Cup matches were being routinely fixed, every international team at some stage had someone doing some funny stuff" Like me you may be old enough to remember when you first grew to love the game, Botham's Ashes. Fixed, never! But if you ask me does bribery go on in the world, does it go on close to home, in the boardrooms of the UK and is it being vigorously investigated by the SFO, I'll tell you yes and looking at the way it will be dealt with, the courts will not let it go unnoticed either.
