Pictured above: Charles Arrand
An astonishing half of all West Midland companies know nothing
of the Government's clampdown on corporate bribery.
And, with the Financial Services Authority increasingly rooting
out insider dealing, law firm DLA Piper is warning that business is
in for a nasty shock.
Charles Arrand, partner in the Litigation and Regulatory team in
the Birmingham office, said: "This means businesses need to take
immediate steps to ensure that their procedures, systems and
controls are reviewed and revised accordingly".
"It is fortunate that the main provisions in the new Bribery Act
2010 do not come into force immediately and we are not likely to
see this happen until October."
As a result of the General Election the Bribery Bill had its
final stages expedited as part of the traditional 'wash-up' process
before the dissolution of Parliament on April 12. It has since
received Royal Assent.
There have been no changes to the main provisions - general
bribery offences, bribery of foreign public officials and failure
of commercial organisations to prevent bribery.
Individuals found guilty face up to ten years in jail. For
corporates fines are without upper limit, with the potential
double whammy of Confiscation Proceedings under The Proceeds of
Crime Act.
Mr Arrand said: "To mount a successful defence a company will
need to demonstrate that bribery ostensibly committed on its behalf
was a rogue act contrary to its policies and procedures, which were
adequate in themselves and adequately implemented and managed".
"Prudent companies will have anticipated these challenges,
assessed their risks and implemented meaningful compliance
measures. Those that lag behind need to start taking action now or
risk serious damage to their reputation and business."
A bit of a shock then that a national survey released by DLA
Piper and YouGovStone found that 52 per cent of those taking part
were unaware of the new legislation.
Just 22 per cent of West Midlanders felt reformed bribery laws
were important to the UK maintaining or developing global
leadership.
Most said miscreants should be debarred from going for public
contracts as part of their punishment.
And the net is also closing on those who risk insider
dealing.
Perhaps spurred on by Conservative abolition threats, with plans
to hand its regulatory powers to the Bank of England, the FSA has
ramped up the number of investigations into insider trading in
recent months stepping up its efforts to crack down on market
manipulation.
That has resulted in dawn raids and arrests of leading City
players.
The regulator charged seven men after a two-year investigation,
Operation Saturn, into alleged wrongdoing by staff in the print
rooms of two investment banks, JPMorgan Cazenove and UBS.
This was followed by arrests including two senior city
professionals at leading institutions and one at a hedge fund
following searches of 16 addresses in a joint FSA and Serious
Organised Crime Agency (SOCA) operation.
Documents and computers were seized from premises in London, the
South East and Oxfordshire.
Deutsche Bank, the leading German bank, the French giant BNP
Paribas and hedge fund Moore Capital all had employees caught up in
the probe.
Mr Arrand said: "The economic downturn appears to have seen, or
at least revealed, a marked increase in fraud and financial crime.
It is clear the FSA is now determined to demonstrate that market
manipulation will not be tolerated and the financial sector will
have to become accustomed to regulatory bodies well and truly
turning the spotlight on them".
"It is critical that all individuals and firms, whether
regulated by the FSA or not, handle inside information carefully,
and in accordance with the law and any applicable regulations.
Similarly, anyone who is, or could be, regarded as an 'insider'
needs to ensure that they meet their legal obligations if they are
to avoid being accused of an offence".
"The FSA has made it a priority to target business
professionals, repeat offenders and organised rings. Their
intention could not have been made clearer."