Corruption and bribery

Corker Binning has substantial experience in representing individual suspects and witnesses of interest to UK and foreign agencies investigating alleged corruption and bribery. The firm also handles internal company investigations, acting for witnesses as well as for companies, sometimes in conjunction with teams of other lawyers in the UK and internationally.

The Bribery Act 2010 came into force on 1 July 2011, marking a major development in UK law with far reaching consequences for individuals and companies both in the UK and abroad. Corker Binning has extensive experience in a wide range of corruption and fraud investigations, particularly those with complex international aspects.

UK investigations are usually undertaken by the Serious Fraud Office (SFO) in conjunction with the police. In other cases, the Crown Prosecution Service or the Financial Services Authority may also be involved. We have acted in many of these investigations either for witnesses compelled to assist the SFO or for suspects who are the targets of its attention, including Balfour Beatty, PWS, MW Kellogg, Mabey & Johnson, Innospec, several Oil for Food cases and the British Aerospace investigation.

In representing those regarded as suspects by the SFO in some of the most complex recent cases, we have negotiated successful outcomes whereby a prosecution has been avoided. We have built up substantial experience in reaching immunity or plea agreements under UK law in the corruption arena and in other serious cases. Working with lawyers for companies under investigation, we have also sought resolutions for our clients via a civil law remedy. Despite some judicial criticism of civil settlements in criminal cases, there is continuing development in this area. This is imperative for both sides in many large cases: for the corporate because of the serious reputational and economic damage that a conviction can cause and for the prosecutor because of the sheer scale and cost of mounting a full scale publicly funded investigation. The interests of the individual employee or director in this situation may be closely aligned with a company's but careful advice is needed to ensure that their personal position is protected.

With the coming into force of the Bribery Act, the Ministry of Justice guidance on adequate compliance procedures and the new prosecution guidance issued in March 2011, UK law and practice in this area is being transformed. The SFO's policy on corporate leniency, together with the developing practice and procedure on individual leniency and plea bargaining, make the balancing of individual and corporate interests a particularly delicate exercise if the right results are to be achieved.

Visit our blog for an analysis of the SFO's long term strategy.