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Combating corruption and the misuse of public office appears to be a never-ending fight. The fourth edition of this authoritative work aims to equip legal practitioners and anti-corruption activists with the latest guidance and tools to keep the forces of corruption and the misuse of public office in the UK and across the globe at bay.
Fully revised and updated to cover relevant case law and fast-moving developments in both domestic and international spheres, the book's wide-ranging coverage of topics includes: examination of sector specific initiatives; expanded coverage of the FCPA; civil and criminal mechanisms for recovering the proceeds of corruption; and new material on setting standards in the public and private sector. Apart from thorough UK coverage, this new edition also covers the laws and regulations of overseas jurisdictions including China, Canada, the UAE, and developing countries such as Kenya and Nigeria. The book considers the broadening scope of corruption and its intersection with questions of integrity in public life and examines lobbying and the move towards open government.
Written by leading practitioners with extensive experience of handling corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes coverage of specialist areas such as recovering the proceeds of corruption.
Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, and other regional anti-corruption initiatives.
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
"...a highly topical book...This worthwhile and valuable contemporary book is now the established work on corruption from the experts." - Phillip Taylor MBE & Elizabeth Taylor of Richmond Green Chambers
"This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, as well as important regions initiatives." - Asad Jamal, Journal of Law and Social Research
"Corruption and other similar types of offences are pernicious in nature. In the present poor socio-economic climate, the emergence of resources to help in the fight against such types of actions is to be appreciated even more. This book is one of such resources. Its contribution to the legal understanding of corruption/bribery is immense." - Rhonson Salim, Journal of Commonwealth Law and Legal Education
