Pre-seen Question Flashcards
Introduction
Broadly - definition
From the outset
Improper performance described in section 3,4 and 5
This essay shall discuss the warranted legal concerns the grey are surrounding legitimate business expenses and the concept of corporate hospitality.
Under common law, under criminal law
Shall highlight the potential legal issues arising from the aforementioned scenario.
1st paragraph
Boni fied hospitality as long as it seeks to improve service to cordial relationships, written permission - seeking to improve the image of the commercial organisation leading to he commencement of a relationship.
Form of business
Section 1
He covered the bets, you offered the manager bets.
Section 7(1)(b)when an associate of a relevant corporation intends to bribe to attain an advantage
Under section 11 courts would decide if its summary offence or an indictment and if its justifiable or not.
Section 7(2)
S.7(2) not coherent that the company has formally asked you to gain that advantage or not.
Highlighting that there is a grey area between bribery and acting lawfully
Section (2)(4)
Guilty of an offence as the manager has agreed to receive the painting as an advantage as a reward for the improper performance of a relevant function or activity.
Sold a valuable asset lower than market price.
Rolls Royce 2017
Paid £671 million to settle corruption cases with uk and us authorities. For example, serious fraud office reported of some bribery cases. In Indonesia, senior rolls-Royce employees agreed to pay £2.2million and give rolls Royce silver spirit car to an intermediary. One could then infer that this money was a reward for section 1 case 1 reward for the intermediary showing favour to rolls Royce when conducting business
Your witnessed quote
Further confirmation that there is an insinuation of him committing bribery on his part, his mentality was that he achieved his end of the bargain by any means necessary and now he is worried due to his wrong doing
Conclusion
Concerns are permissible as one as the employee has violated the bribery act (s.1, s.2) which could potentially result in further prosecution as it can be deemed as wanting to gain an unfair advantage from the competition.
Based on the actions, as reiterated the courts shall decide if its a summary offence or a justifiable indictment for the employee, whilst the company also should be concerned if they are seen to be liable for the actions committed by their employee after more evidence has been handed in.