Bribery Case Study

How to Review Intent in FCPA and UK Bribery Act

What is criminal intent?

When investigating any kind of crime, the one thing that helps an investigator get a rational understanding of the entire situation is the intent. When suspects are identified during the investigation of a crime, it is necessary to review and understand their intention of committing the crime as well.

In the context of bribery or occupational fraud, the factors that cause someone to commit the fraud can be explained with the help of the fraud triangle. The triangle consists of three elements which result in a fraudulent activity, the three elements being pressure, opportunity, and rationalization.

Pressure is the component which actually leads to the crime. When a

The punishment for committing a crime under the Bribery Act is a maximum of 10 years' imprisonment and also includes an unlimited fine and the likely confiscation of assets and property. The punishment might also include the disqualification of directors of the company in question. The jurisdiction of the Act is near-universal. It allows the prosecution of an individual or company who has links to the United Kingdom and it does not matter where the crime has occurred. Just like the FCPA, the UK Bribery Act has received strong criticism, owing to the fact that the law puts the country’s economy at a disadvantage by criminalizing behavior, which is otherwise acceptable in every other part of the world. And just like the FCPA, the Bribery Act does not allow any exceptions and is an extremely strict law. Section 6 of the Act refers to bribery of a foreign official and states the same rules and regulations as the FCPA. However, a part under section 6 states that no offense is committed when the official in question is allowed to or required by the applicable law to be influenced

This means that the witness should have first-hand information and not some information that they have overheard or is a result of their supposition. The strongest types of proof in cases of bribery are: a witness’ statement, a confession by the guilty; legally known as an admission, or documentary evidence such as a cancelled check which had been used for the payment of bribe. The latter provides a strong physical proof, while the two former evidence form strong verbal proofs.

Who can be prosecuted for committing bribery?

Bribery is not always a case of offering a bribe and someone receiving it. There might be situations where a bribe might be offered, but is rejected by the concerned official. It still constitutes as an act of bribe, as there is a presence of corrupt intent in this negotiation, which puts the individual or organization making the offer at a possible risk of facing penalties.

In case an employee carries out the negotiations on behalf of the company without being a direct beneficiary but just a channel, still they carry the responsibility of such negotiation, as the FCPA holds both the organization and the employees responsible in such cases. Employees specifically need to be trained to identify the thin line between promotion of business and bribery/corrupt intent, to steer clear from cases of