Investigating bribery is an increasingly high priority for authorities around the world. If you or your company are the subjects of such an investigation you need to know how to respond – immediately.
Our experience in managing major global bribery investigations is second to none. At Rahman Ravelli, cases involving the UK’s Bribery Act 2010, the United States’ Foreign Corrupt Practices Act 1977 and other notable anti-corruption legislation are a large and regular part of our workload.
We routinely conduct internal investigations for companies that suspect they have become involved in bribery and we advise them on how to communicate with the authorities. Our excellence in such investigations has been noted by national and international legal guides.
At Rahman Ravelli, we are adept at managing an investigation to maximise the likelihood of a criminal prosecution being avoided. When it comes to deferred prosecution agreements (DPAs) – a recently-introduced UK alternative to criminal prosecution - Rahman Ravelli has more experience than most. We are one of the very few legal firms to have managed a case that has involved DPA negotiations.
As bribery moves up the agenda of many countries’ law enforcement agencies, everyone in business needs the best legal representation if they became the subject of an investigation. Rahman Ravelli provides that representation.
Whatever the business sector and wherever in the world that business is being done, we have the expertise and international network of associates to obtain the best conclusion to a bribery investigation.
Whether it be mining and the extractive industries, aviation and defence, construction, energy, pharmaceuticals, financial services, transportation and logistics or any other area where law enforcement agencies are investigating bribery, our experienced bribery and corruption solicitors represent clients in the most notable, complex and multinational cases.
Our knowledge of how to co-ordinate cases that cross borders, involve more than one investigating agency Multi-Agency and Multi-Jurisdictional Investigations or touch on complicated legal or financial issues makes us the logical choice for the company or individual that is facing a bribery investigation.
We provide a bespoke legal team of bribery and corruption lawyers who will swiftly and robustly defend your interests and, when necessary, negotiate with the authorities to secure the most favourable outcome.
The primary legislation is the Bribery Act 2010, widely regarded as one of the most stringent anti-corruption statutes in the world. It creates four main offences: bribing another person, being bribed, bribing a foreign public official, and the corporate offence of failing to prevent bribery. The Act has extraterritorial reach, so UK-incorporated companies and individuals can be prosecuted for bribery committed anywhere in the world.
Under section 7 of the Bribery Act 2010, a commercial organisation commits an offence if a person associated with it bribes another person intending to obtain or retain business, or a business advantage, for the organisation. There is a full defence available if the organisation can demonstrate that it had in place adequate procedures designed to prevent bribery. This makes robust compliance programmes critically important for any business with UK connections.
The Serious Fraud Office (SFO) is the principal authority for investigating and prosecuting serious or complex bribery and corruption cases in England, Wales, and Northern Ireland. The National Crime Agency (NCA), the Crown Prosecution Service (CPS), and overseas authorities such as the US Department of Justice may also become involved, particularly in cross-border cases. The FCA has its own enforcement powers where corruption involves regulated financial services firms.
Individuals convicted of bribery offences under the Bribery Act 2010 can face up to 10 years' imprisonment and an unlimited fine. Companies can receive an unlimited fine. Deferred Prosecution Agreements (DPAs) are also available for corporate defendants, allowing resolution without a formal conviction in certain circumstances, subject to court approval. Ancillary consequences include confiscation orders, reputational damage, and debarment from public procurement.
A dawn raid is an unannounced search of business premises or a private address carried out by investigators, typically the SFO, NCA, or police, often early in the morning. Investigators will seize documents, electronic devices, and other evidence. If you are subject to a dawn raid, you have the right to legal representation and should contact a specialist solicitor immediately. You should not obstruct the search but equally should not answer substantive questions without legal advice.
Adequate procedures are the compliance measures a company must demonstrate it had in place to mount the statutory defence against the section 7 corporate offence. The Ministry of Justice has issued guidance identifying six principles: proportionate procedures, top-level commitment, risk assessment, due diligence on third parties, communication and training, and monitoring and review. Whether procedures are adequate is judged contextually, taking account of the size and nature of the business and the bribery risks it faces.
Self-reporting a potential bribery issue to the SFO or other relevant authority can be a significant mitigating factor and may increase the prospects of resolving the matter through a Deferred Prosecution Agreement rather than a criminal conviction. However, self-reporting is a complex strategic decision and should never be made without specialist legal advice. The timing, scope, and manner of any disclosure can materially affect the outcome for both the company and associated individuals.
Bribery and corruption investigations are among the most complex and high-stakes proceedings a business or individual can face. They often involve multiple jurisdictions, extensive document review, compelled interviews, and parallel civil and criminal processes. A specialist solicitor will advise on your obligations, protect legally privileged material, manage communications with authorities, conduct a privileged internal investigation, and construct the most effective defence or resolution strategy available.
