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Clifford Chance

Clifford Chance

Regulatory Investigations and Financial Crime Insights

First contested prosecution for failure to prevent bribery

The first company to plead not guilty to the corporate offence of failing to prevent bribery (under section 7 of the Bribery Act 2010 (BA 2010)) since it came into force in July 2011 has failed to persuade a jury that it had "adequate procedures" in place.

The case is an indicator of the continuing will of prosecutors to pursue corporates (even where they cooperate), but leaves most questions about when the offence will be prosecuted and when companies may be able to successfully defend prosecutions unanswered.