Introduction to the Bribery Act and recent developments in Money Laundering. Marie Dancer

Introduction General Bribery Offences Bribery of foreign public officials Failure of commercial organisations to prevent bribery MOJ Guidance on the Bribery Act Case Examples The next steps

General Bribery Offences Offences of Bribing Another Case 1 Case 2 Offences relating to being bribed Case 3 Case 4 Case 5 Case 6

General Bribery Offences Function or Activity Improper Performance Expectation Territorial Application Defences Penalties

Bribery of foreign public officials Definition Penalties Prosecution against individuals – consent or connivance of a senior officer

Failure of commercial organisations to prevent bribery Definition of offence Penalties Relevant Commercial Organisations Associated Person Adequate Procedures Facilitation Payments Corporate Hospitality

MOJ Guidance Proportionate procedures Top level commitment Risk Assessment Due diligence Communication (including training) Monitoring and review

Case law examples Previous case law Cases under the Bribery Act

Bribery Act – the next steps Read the CIMA and MOJ guidance Prepare/review anti bribery policies and procedures Train staff Consider updating risk assessments Seek legal advice if unsure

Money Laundering Introduction What is Money Laundering? How does Money Laundering work? SOCA

Principal Money Laundering Offences Criminal Property Concealing Arrangements Acquisition, Use and Possession

Defences to Principal Money Laundering Offences Authorised Disclosure Reasonable Excuse Adequate Consideration

Failure to Disclose Knowledge / Suspicion / ‘ought to’ Regulated Sector Can identify person / proceeds Failure to Disclose

Exceptions to failure to disclose Professional Legal Adviser Privileged Circumstances Privilege for accountants Reasonable Excuse Inadequate Training – ‘ought to’

Tipping Off Offence Defence Recent Case

Money Laundering Regulations Reporting Customer Due Diligence Record Keeping Policies Training

Money Laundering Regulations (cont) Registration Recent Developments Accountants in the news

Miscellaneous Issues Production Orders Warrants

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