Bribery and Corruption Defense Lawyers
In modern conditions of a strict legal field, honest business conduct is the key to stability and a strong reputation. The growing complexity of anti-bribery regulations requires the development of effective investigation protocols that allow companies to assess the scope and severity of potential non-compliance. Failure to prevent bribery and corruption in relationships with customers, suppliers, and other third parties poses a long-term threat to business sustainability.
Our law firm offers comprehensive anti-bribery and corruption services, from auditing internal processes and developing anti-corruption policies to representation in courts and interaction with law enforcement agencies. We will help you conduct a compliance audit and identify vulnerabilities in business processes, form internal rules and develop an effective defense strategy in the event of corruption allegations.
What is public corruption or corrupt practices?
Corruption is the abuse of entrusted power for personal gain. In the context of public administration, corruption involves officials using their position to obtain material or other advantages. Corruption actions include:
- Corrupt practices: receiving or giving a bribe to influence the adoption of a government or administrative decision;
- Abuse of power: making decisions in the interests of a narrow group or contrary to government policy;
- Theft of budget funds: misappropriation or illegal transfer of public resources to private use;
- Conflict of interest: making decisions that benefit a person or his relatives, without taking into account public interests.
Bribery is one of the most common forms of corruption, in which one party offers tangible or intangible benefits to an official in order to:
- Receive a benefit or privilege: tax reduction, tax evasion, acceleration of bureaucratic procedures, winning a tender, etc.;
- Avoid punishment: cancellation of the fine, closure of the investigation, non-involvement to criminal liability;
- Influence decisions within government procurement or other administrative processes.
An important factor when considering bribery and corruption investigations is the presence of a direct or indirect benefit for the official, as well as a clear violation of the law and the principles of transparency of management.
Government revenues decline when significant amounts are withdrawn from the budget or spent inefficiently due to corruption and bribes. In conditions of corruption, ordinary citizens are often forced to pay “for services” that should be provided on a free or competitive basis, which infringes on their rights.
What are the 3 elements of the ABC system to combat bribery and corruption?
Anti-corruption system “ABC Framework” is a set of measures aimed at preventing, identifying and responding to any manifestations of bribery and corruption in business and government agencies. While bribery and anti-corruption compliance programs may vary across industries and jurisdictions, they are all based on three key elements:
- Risk Assessment. The first stage of an effective ABC program is to identify and assess where and under what circumstances the risk of bribery and corrupt practices may arise. Companies and organizations conduct an in-depth analysis of the geography of their activities, industry characteristics, clients, and partners. A well-conducted risk assessment allows organizations to identify and prioritize areas where there is a corruption risk. This saves resources when developing anti-corruption measures and helps focus efforts on the most vulnerable points;
- Policies & Procedures. Based on the results of the risk assessment, policies, and codes of conduct, Due Diligence procedures, reporting, and accounting standards are developed. The presence of clear internal controls and standards creates the basis for holding accountable for violation of the prescribed principles, as well as proof of good faith in the event of an inspection by the regulator;
- Monitoring & Enforcement. Once the internal controls and procedures are implemented, it is important to continuously monitor their implementation. The monitoring and audit system includes internal and external audits (checks of financial transactions, accounts, contracts, identification of abnormal payments or deviations), as well as Hotlines hotlines, through which employees can anonymously report suspicions of bribes or other violations. Constant monitoring reduces the likelihood of the recurrence of corruption schemes.
Who needs prior anti-bribery and corruption clearance?
Pre-approved anti-bribery and corruption permission may be required in various situations:
Companies operating in high-risk jurisdictions. Law enforcement authorities, financial institutions, and large corporations set special requirements for companies planning to operate in regions where the corruption risk is statistically higher (for example, in some countries in Africa, Asia, and Latin America).
Government Contractors and Suppliers. Government procurement contracts often come under scrutiny from anti-corruption regulators. Often, preliminary confirmation in the form of a certificate or license is required that the contractor is not on blacklists, has not previously violated anti-corruption laws, and has a transparent ownership structure.
Transnational corporations. When a company operates in multiple countries, failure to comply with anti-corruption regulations in one country may result in reputational problems around the world. Multinational businesses can formalize their process of verifying counterparties and employees, but regulators, banks and partners might require confirmation that a given program has been verified by an independent auditor and complies with international standards.
Companies working with senior government officials (PEPs). Relations with so-called Politically Exposed Persons always carry an increased risk of corrupt transactions. Banks and other financial institutions often require pre-approval or more stringent due diligence on businesses. This may include extended EDD due diligence, which collects additional information about the origin of funds, PEP business history, and confirmation of the absence of conflicts of interest.
Organizations with grants or government funding. International donors (the World Bank, the European Union, and the UN) set strict requirements for transparency and anti-corruption mechanisms in the projects that they finance or support with grants. The grant recipient is required to confirm the absence of corruption, the presence of internal compliance procedures and agree on expenses taking into account the principles of “zero tolerance to bribery”.
Individual entrepreneurs and top managers. Top managers can be certified to international standards (for example, ISO 37001), confirming their competence in the fight against corruption and bribery.
Our leading attorney Anatoly Yarovoy confident that compliance with global anti-bribery and corruption standards allows us not only to avoid legal and reputational problems, but also to lay the foundation for trusting relationships with partners, banks and investors.
Why do clients choose Interpol-Stop to protect their rights?
With stringent anti-corruption laws in place, businesses and individuals are at increased risk of facing allegations of bribery and illegal schemes. Interpol-Stop offers professional legal support and comprehensive solutions in the field of Anti-Bribery & Corruption, based on many years of practice and a deep understanding of international norms.
Our lawyers have successfully represented clients in complex cases involving allegations of corruption, bribery, and money laundering. We are familiar with the law enforcement practices of different countries and know how to achieve positive results even in the most difficult circumstances.
Each case is unique, so we study in detail the business processes, company structure, and specifics of the client’s activities, developing a protection plan that ideally meets current challenges. Our team conducts a detailed audit, identifying potential vulnerabilities and proposing measures to prevent corruption schemes and strengthen internal compliance procedures.
We cooperate with partners in different jurisdictions, so we can easily coordinate the protection of client interests in a multinational environment. Interpol-Stop specialists guarantee absolute confidentiality of work with clients and protect their commercial secrets.
If you are looking for a reliable partner who will protect your rights ensure compliance with Anti-Bribery standards & Corruption and minimizes risks, contact us now. We are ready to offer an individual solution for your situation and take responsibility for success in the most difficult and unpredictable matter.
What offenses are associated with public corruption and bribery?
Corruption and bribery pose a serious threat to economic development and trust in government institutions. Anti-Bribery Sphere & Corruption covers a variety of legal provisions designed to combat corruption crimes at all levels of government.
Let’s look at common types of offenses related to corruption and bribery:
- Bribery: an official accepts money, valuables, services, or other benefits in exchange for deciding in favor of the bribe-giver;
- Commercial Bribery: concerns bribes involving business transactions between private companies, where a business representative receives a benefit for making decisions that are contrary to the interests of the employer;
- Extortion: an official or authorized representative of the state demands “payment” or other benefits, threatening negative consequences (fines, arrests, refusal to provide services);
- Embezzlement: misappropriation or embezzlement of public funds or property by an official;
- Abuse of Power: use of official status for personal purposes, contrary to the interests of the service;
- Money Laundering: persons involved in corruption schemes may try to legalize “dirty” money through chains of transactions, offshore accounts or shell companies, hiding the real origin of the funds;
- Conflict of Interest: an official decides issues affecting his personal or family interests, ignoring public benefit;
- Malfeasance & Nonfeasance: refusal or failure by an official to perform his duties to obtain or maintain an undue advantage. This may include both action (malfeasance) and inaction (nonfeasance), when an official deliberately fails to take measures expected by law;
- Political Corruption: corruption affecting the highest echelons of power, including bribing politicians, rigged elections, and misappropriation of budget funds in the interests of certain groups.
What penalties can be imposed for public corruption and bribery?
ABC legislation may vary significantly from country to country, but in general, criminal codes provide for a wide range of penalties, from large fines and disqualifications to long imprisonment.
According to US laws (Foreign Corrupt Practices Act – FCPA), the prison term can reach 5 years or more, especially if we are talking about a repeat crime or a large bribe. The Foreign Corrupt Practices Act (FCPA) enforcement is handled by both the Department of Justice and the SEC.
According to the UK Bribery Act 2010, the maximum term of imprisonment can be 10 years. In EU countries, punishment for major cases of bribery can reach 5–15 years in prison. If the defendant is brought to justice for the first time and actively cooperates with the investigation, the court may impose a suspended sentence or a probationary period.
Administrative and financial sanctions are also possible. In corruption cases, fines can amount to tens or hundreds of thousands of dollars, and for legal entities – millions. In some jurisdictions, the court may impose a fine based on the amount of illegal gain or damage to the government.
If found guilty, they may confiscate assets obtained as a result of corrupt transactions, including real estate, cash, transport, and other valuables. In the USA and several EU countries, it is widely practiced to freeze accounts and property before a verdict is passed to prevent the “withdrawal” of assets.
If an official or company manager is found guilty of corruption, the court may prohibit him from holding leadership positions in government agencies or the corporate sector for a specified period. Lawyers, auditors, accountants, and other specialists who have received a professional license may lose it if the court finds that their actions were corrupt.
Our anti-corruption and bribery legal services
Our legal representatives have extensive experience providing a full range of services in the field of Anti-Bribery & Corruption, helping clients secure their activities and protect their interests in the event of litigation.
We defend clients accused of corruption offenses, bribery, or commercial bribery. We develop a defense strategy based on many years of practice in international criminal law.
When conducting anti-corruption investigations, our lawyers negotiate with prosecutors and investigative authorities, trying to reduce charges and avoid prison sentences. We help clients develop arguments and prepare to testify, providing legal support at all stages of legal proceedings.
We create individual policies and procedures aimed at preventing cases of bribery and fraud, taking into account industry and geographic characteristics. Experienced specialists will assess the client’s corruption risk level and formulate a set of recommendations for minimizing it.
We conduct an internal investigation audit of existing KYC procedures, checking the actions of counterparties and employees. In case of identified inconsistencies, we develop and implement new internal regulations and personnel training.
Before concluding a contract, our specialists check contractors, assess their reputation and possible risks of involvement in corruption scandals or sanctions lists. We work through the “weak points” of agreements to protect the client from fines and investigations.
If you are looking to effectively protect your business and reputation from the risks of bribery and corruption threats, or if you need legal protection in the event of allegations, contact us today. Our international law firm is ready to provide effective solutions in the field of Anti-Bribery & Corruption, focusing on your goals and interests.
