Bribery Act Enforcement

28 Sep 2025 --
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Overview of the Bribery Act 2010 (UK)

The Bribery Act 2010 covers:

Active bribery: Offering, promising, or giving a bribe.

Passive bribery: Requesting, agreeing to receive, or accepting a bribe.

Bribery of foreign public officials: Specifically criminalizes bribery of foreign officials.

Failure of commercial organizations to prevent bribery: A strict liability offense—companies can be liable if they fail to prevent bribery by employees or associates, unless they have “adequate procedures” in place.

Enforcement and Legal Issues

Prosecution of individuals and corporations: Both directors/employees and the company itself can be prosecuted.

Corporate liability: Liability can arise from acts of associates, even if top management was unaware.

Defenses: “Adequate procedures” to prevent bribery is the main defense for corporations.

International reach: The Act applies to UK companies and any company carrying on business in the UK, wherever the bribery occurs.

Key Cases and Enforcement Actions

1. Serco Geografix Ltd (2018) – Deferred Prosecution Agreement (DPA)

Issue: Failure to prevent bribery under Section 7 of the Bribery Act.

Facts:
Serco Geografix, a subsidiary of Serco Group, was involved in bribery related to contracts in Kenya. An employee paid bribes to secure contracts.

Outcome:
Serco entered into a DPA with the Serious Fraud Office (SFO), agreeing to pay fines and implement strict compliance measures.

Significance:
This was a landmark case highlighting how corporate liability for failure to prevent bribery applies, and the SFO’s willingness to use DPAs to encourage remediation without prolonged trials.

2. Rolls-Royce PLC (2017) – DPA for Bribery and Corruption

Facts:
Rolls-Royce was investigated for making corrupt payments in multiple countries, including Indonesia, Russia, and Nigeria, to secure contracts.

Outcome:
They entered into a DPA, paying fines totaling £497 million.

Significance:
This case illustrates the global scope of enforcement and the high financial penalties for multinational corporations that fail to prevent bribery.

3. SFO v. Alstom Network UK Ltd (2014)

Issue: Corporate Liability for Bribery

Facts:
Alstom Network UK was accused of facilitating bribery through a subsidiary to secure contracts in various countries.

Outcome:
Alstom entered into a DPA, agreeing to pay fines and overhaul compliance procedures.

Significance:
The case reinforced how companies are held accountable even for bribes paid by subsidiaries and third parties.

4. R v. Skansen Interiors Ltd & Ahmad (2017)

Issue: Private Sector Bribery and Failure to Prevent Bribery

Facts:
Skansen Interiors was prosecuted for failing to prevent a bribery offense committed by an employee (Ahmad) who bribed a council official to win contracts.

Outcome:
The company pleaded guilty to the failure to prevent bribery offense. Ahmad was convicted of bribery.

Significance:
This case highlights liability in the private sector under the Bribery Act’s strict liability offense and the role of individual offenders.

5. R v. Tchenguiz & Kaupthing Bank Executives (Alleged Case)

Note: No conviction, but illustrates legal scrutiny.

Facts:
Executives were investigated for alleged corrupt payments linked to securing favorable loan agreements during the Icelandic financial crisis.

Significance:
While no formal convictions arose, this shows the Act’s reach into financial services and high-level executives under suspicion for bribery.

Principles Illustrated by These Cases

Legal Principle	Case Example	Explanation
Corporate liability	Serco Geografix, Rolls-Royce	Companies held liable for bribery committed by employees or associates.
Deferred Prosecution Agreements (DPAs)	Serco Geografix, Rolls-Royce	Used to encourage cooperation and compliance reforms.
Strict liability offense	Skansen Interiors	Failure to prevent bribery by employees can lead to corporate conviction regardless of direct knowledge.
Global reach of enforcement	Rolls-Royce	Applies to bribery anywhere if UK companies or businesses involved.
Compliance importance	Alstom, Serco	Adequate procedures can mitigate penalties and defend corporations.

Conclusion

The Bribery Act 2010 enforcement has shifted corporate behavior globally by holding companies accountable for corrupt practices not only within the UK but internationally. The Act's strict liability provisions make it critical for organizations to adopt comprehensive anti-bribery policies and conduct thorough due diligence on associates.