Law · Corporate Liability under Bribery Law
Under modern anti-bribery legislation (such as the UK Bribery Act), what is the primary legal liability of a commercial organization when an employee offers an improper financial benefit to a third party to influence an official?
- 1No bribery offence occurs if the benefit is channelled through a third party, such as a spouse.
- 2The organization is liable for the corporate offence of 'failure to prevent bribery' unless it had adequate, risk-based prevention procedures in place.✓
- 3Having a generic 'Code of Ethics' provides an absolute defence against bribery charges.
- 4The organization is immune if the offender is a senior manager rather than a statutory board director.
Correct answer
The organization is liable for the corporate offence of 'failure to prevent bribery' unless it had adequate, risk-based prevention procedures in place.
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