Bribery: Law and Practice

ISBN : 9780199686384

Monty Raphael
352 Pages
171 x 246 mm
Pub date
Mar 2016
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From being a minority interest of NGOs and niche law firms, corruption has grown into a subject which is rarely out of the media and which corporate lawyers and specialist consultants worldwide have seen as a new business opportunity. Bribery: Law and Practice from Monty Raphael QC, one of the most respected lawyers in this field, offers a comprehensive, authoritative overview of this increasingly significant area of law that updates and expands on his earlier Blackstone's Guide to the Bribery Act 2010. In the years since the Bribery Act came into force there have been a great many developments in legislation, regulation, compliance, and forensic investigation which are fully covered in this volume, including the introduction of Deferred Prosecution Agreements in the Crime and Courts Bill 2013 and the issuance of new guidance on business expenditure, facilitation payments, and self-reporting, among others, by the Serious Fraud Office, the Ministry of Justice, the Financial Conduct Authority, Transparency International, and the International Chamber of Commerce. Discussion of these new developments is complemented by rigorous insights into practice and policy and the provision of an accessible synthesis of all the available aids to compliance and regulation. Offering unparalleled practical advice and insight and answering those questions most frequently asked by those confronted with suspicions about or actual incidences of bribery and corruption, this book is an indispensable guide to not only practitioners in the fields of criminal law, and particularly financial crime, but also to those in the business community with a corporate presence in the UK.


1 Introduction
2 Background and the Development of Domestic Law
3 The General Bribery Offences
4 Bribery of Foreign Public Officials
5 Failure of Commercial Organizations to Prevent Bribery
6 Defences
7 Risk and Compliance
8 Facilitation Payments, Corporate Hospitality, Promotional Expenditure, and Commission Payments
9 Investigation and Prosecution
10 Collaborative Justice and Whistleblowing
11 Penal Outcomes
12 Civil Claims for Bribery
13 Disgorgement and Debarment
14 Miscellaneous Provisions in the Act
15 The Foreign Corrupt Practices Act 1977 (as amended)
16 International and Domestic Instruments
17 Collective Action
1 The Bribery Act 2010
2 Explanatory Notes to the Bribery Act 2010
3 The Bribery Act 2010 Guidance
4 The Joint Prosecution Guidance of the Director of the Serious Fraud Office and the Director of Public Prosecutions on the Bribery Act
5 Attorney General's Guidance on Plea Discussions in Cases of Serious or Complex Fraud
6 Sentencing Council Guidelines on Fraud, Bribery and Money Laundering (extracts)
7 Deferred Prosecution Agreements Code of Practice
8 Useful Websites

About the author: 

Monty Raphael QC (Honoris Causa) is currently Special Counsel at Peters and Peters, a leading white collar law firm where he was previously a Senior Partner and then head of the Fraud and Regulatory team. He has made a particular speciality of corruption, civil and criminal fraud, and anti-money laundering law (domestic and international).

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