Corruption and Misuse of Public Office, 3rd Edition

1: The Meaning and Scope of Corruption
The Meaning of Corruption
The scope of this book
Arrangement of the Book
PART I: CRIMINAL LAW
2: Corruption and Related Offences before 2011
Introduction
The Common Law Offence of Bribery
Statutory Offences
Alternative Charges
Liability of Corporate and Unincorporated Bodies
Jurisdiction
Sentencing in Common Law Bribery and Prevention of Corruption Acts Cases
Other Statutory Offences Involving Corruption
3: The Movement for Reform
Early Initiatives
The Law Commission Report 1998 and the 2003 Draft Corruption Bill
The Home Office Consultation Paper 2005
The Transparency International Corruption Bill 2006
Responses to the Home Office Consultation Paper 2007
The Law Commission Consultation Paper 2007
The Law Commission's Report 2008
The Government's Draft Bill
The Joint Committee 2009
The Bribery Bill
Passage of the Bill
4: The Bribery Act 2010
Overview
General Bribery Offences
Bribery of Foreign Public Officials
Failure of Commercial Organisations to Prevent Bribery
Special Cases
Prosecutions and Penalties
Other Provisions about Offences
Supplementary and Final Provisions
5: Guidance on 'Adequate Procedures'
Introduction
The Statutory Guidance
The Guidance
The Six Principles
Clarification of Difficult Issues
Standard Setting in the Private Sector
Sector-Specific Initiatives
6: Misconduct in a Public Office
Introduction
The Scope and Elements of the Offence
The Elements of the Offence
Charging practice, applicability of the offence and sentencing policy
Future developments
The Tort of Misfeasance in Public Office
7: Investigation, Prosecution, and Sentencing in Corruption Cases
Criminal Investigations
Prosecution Agencies
Reactive Investigations
Proactive Investigations
Whistle-blower Protection
Sentencing in Corruption Cases
Recent developments in the prosecution of major corruption cases in the UK
International Cooperation Generally: Mutual Assistance and Mutual Legal Assistance
Extradition
Extradition to the United Kingdom
Proposed Review of United Kingdom's Extradition Arrangements
PART II: CONFISCATION AND RECOVERY OF ASSETS
8: Criminal Confiscation and Civil Recovery
Recovery of the Proceeds of Corruption
Criminal Restraint and Confiscation
Civil Recovery Under POCA
Non-POCA Civil Recovery
Jurisdiction and Choice of Law
Grand Corruption
9: Civil Actions and Remedies
Introduction
Who May Be a Claimant?
Who May Be a Defendant?
Remedies Against a Dishonest Agent
Remedies Against Third Parties
International Arbitration, Public Policy, and Corruption
PART III: INTEGRITY IN PUBLIC LIFE
10: Regulating Conduct in Public Life
Introduction
The Legislature
Executive
The Judiciary
The Civil Service
Local Government
Other Public Bodies (Quangos)
PART IV: INTERNATIONAL AND REGIONAL ANTI-CORRUPTION INITIATIVES
11: The United Nations Convention Against Corruption I: Preventative Measures
Introduction
Background to the UNCAC Convention
Preventive measures
12: The United Nations Convention Against Corruption II: Criminalisation, International Cooperation, Asset Recovery, and Mechanisms for Implementation
Introduction
Criminalisation and law enforcement
Chapter IV: International cooperation
Chapter V: Asset recovery
Mechanisms for implementation
13: The Bribery of Foreign Public Officials
Introduction
The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1977
Criminalization (Article 1)
The Consequent Debate: The Scope of Criminalization
Defences
Liability of Legal Persons (Article 2)
Sanctions (Article 3)
Jurisdiction (Article 4)
Enforcement and Prosecutorial Discretion (Article 5)
Statute of Limitations (Article 6)
Money Laundering (Article 7)
Accounting (Article 8)
Mutual Legal Assistance (Article 9)
Extradition (Article 10)
Tax Deductibility
Progress and the Future for the OECD Anti-Bribery Convention
14: European Anti-Corruption Initiatives and Instruments
Introduction
Council of Europe
The European Union
The OECD
15: Other International Anti-Corruption Initiatives
African Initiatives
The Inter-American Convention Against Corruption
Asia-Pacific
The Commonwealth
The World Bank Group
PART V: CORRUPTION LAWS OF OTHER JURISDICTIONS
16: The Investigation and Prosecution of Foreign Corruption in the United States
Introduction
Enactment of the Foreign Corrupt Practices Act 1977
Overview of the FCPA
The anti-bribery offence
The FCPA accounting provisions
Penalties for FCPA Violations
Offences Frequently Associated with FCPA Violations
Enforcement
Conclusions
17: Common Law Jurisdictions
Australia
Canada
India
Ireland
Kenya
New Zealand
Nigeria
Singapore
The United States
18: Civil Law and Other Jurisdictions
Brazil
China
France
Hong Kong
Russia
South Africa
The United Arab Emirates
19: Offshore Financial Centres
Definition of an Offshore Financial Centre
The role of OFC's
The concern about the OFC's
Secrecy Jurisdictions
Banking Secrecy
Consequences in relation to Corruption and Money Laundering
The Future of the Issue
Switzerland
PART VI: THE ROLE OF CIVIL SOCIETY
20: The Role of Civil Society Organizations in Combating Corruption
Introduction
Promoting Standard Setting in the Corporate Sector
Providing Access to Legal Materials
Involvement in the Development of International and Regional Anti-Corruption Instruments
Providing Education and Training
Seeking to Quantify Corruption
Scrutinizing and Contributing to the Development of Anti-Corruption Laws, Procedures and Jurisprudence
A Note on Selected Anti-Corruption Organisations
Appendices
Appendix 1 - Prevention of Corruption Acts 1889 to 1916 and Anti-Terrorism, Crime and Security Act 2001, Part 12: Bribery and Corruption
Appendix 2 - United Nations Convention Against Corruption
Appendix 3 - The Bribery Act 2010
Appendix 4 - Guidance

Colin Nicholls QC, Barrister, 3 Raymond Buildings, Timothy Daniel, Partner, Edwards Wildman Palmer UK LLP,Alan Bacarese, Special Counsel, Peters & Peters UK LLP, and John Hatchard, Professor, The Open University, School of Law