The civil consequences of bribery examined by William Christopher
Bribery is currently a hot topic. The World Bank recently estimated bribery costs the world $1trn a year. Much commentary surrounds the recently enacted Bribery Act 2010 (the 2010 Act) and its effect on companies and their directors and officers. Particular attention is being given to the strict liability corporate offence of failing to prevent bribery, the defence to which is to have adequate procedures in place—with a strong focus on the criminal liability of the person or organisation giving the bribe.
More stringent anti-corruption policies being implemented and more internal investigations into corruption arising from the 2010 Act are likely to lead to the discovery of more bribery and corruption. What many people and companies do not realise is that civil actions can be directed at both the briber and the receiver of bribes by the principal of a bribed agent, who has entered into a contract as a result of the bribe being paid to that agent. This means that the principal, who is the victim of the bribe, can recover compensation.
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