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Update: fraud

David McCluskey rounds up developments in bribery and corruption, defence costs orders in fraud cases, video link evidence, changes to the CPR and money laundering

18 May 2010

One of the last acts of the previous Parliament was to replace Britain’s much maligned and ageing corruption laws (dating back to 1889). The Bribery Act 2010 effectively creates an international commercial bribery offence. It creates a coherent offence of bribing foreign public officials, and a corporate offence of negligently failing to prevent bribery. There are two main offences. The first is offering, promising or giving a financial or other advantage to another, who can include a foreign public official. The second involves the requesting, agreeing to receive or accepting of bribes, linked with the improper performance of a relevant function or activity. Improper performance may follow as aconsequence of the bribe; alternatively, the requesting, agreeing to receive or accepting may itself amount to improper performance. Third, corporate liability will attach in a case of negligently failing to prevent bribery by a person ‘associated’ with the organisation (C). Persons ‘...

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