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Corporate penalties

 

The corporate offence carries an unlimited fine.

"Serious crime prevention orders" may also be made in relation to offences under the Act (which can result in restrictions or requirements in relation to the financial, property or business dealings of an organisation and monitoring) and convictions for offences can result in the disqualification of directors and, ultimately, winding-up orders. Liability may also be incurred for an organisation involved as a result of commission of such an offence under the Proceeds of Crime Act 2002.

Under The Bribery Act 2010 (Consequential Amendments) Order 2011 an organisation will be debarred from tendering for public contracts if found guilty of bribing another person (section 1) or bribery of foreign public officials (section 6). Public bodies are likely to be able to use their own discretion as to whether organisations convicted of other offences under the Act should be allowed to partake in a tender process.

In January 2014, the Sentencing Council published the Fraud, Bribery and Money Laundering: Corporate Offenders Definitive Guideline.  Corporates may be fined as much as 400% of the value of their gain from the criminal conduct, and this may be increased if certain aggravating factors exist, such as endemic fraudulent activity within the company. 

From 24 February 2014, Deferred Prosecution Agreements are available to corporates.  More information about them can be found in our article .