Bribery Investigation


Senior Management, Audit Committees and Regulators expect, if not require, fact-based and objective reporting on investigation findings, when a system or control override, or weakness, may have contributed to a suspected bribery event.

A Bribery Response Plan usually includes guidance on minimum requirements for investigation planning and mandating appropriate senior management oversight. Investigation findings may lead to a suspicious activity report ('SAR') being submitted to SOCA. In addition, findings will inform senior management consideration of whether a report should also be submitted to the Serious Fraud Office ('SFO').


Planning

Poor planning can contribute to evidence loss or damage, reputation risk and lead to regulatory and/or SFO concerns about a firm's anti-bribery culture:

  1. Appropriately skilled resource with the requisite technical capability should be used - suspected insider involvement may benefit from an independent review of relevant internal controls
  2. Consideration should be afforded to obtaining legal advice and specialist support at the outset of investigation planning; particularly if findings (in whole or part) might be subject of a notification to an external body
  3. When seeking to preserve evidence or to identify person(s) and internal processes involved, care must be taken to prevent a Tipping-off offence (e.g. where a SAR has been submitted to SOCA)

Delivery

When investigating suspected bribery:


How we can help you

FCRM conducts UK and international investigations, and we are accumstomed to working with clients and their professional advisers, when undertaking complex and/or confidential engagements.

On international assignments (where practicable) we use experienced investigators with knowledge of local language, culture and business practice

We deliver robust reviews and investigations, often in challenging circumstances. Reports include fact-based findings, objective commentary on internal systems and where required, practical recommendations to improve/enhance internal controls.



Integrity in Business Practice