Bribery and Corruption

Bribery involves offering, promising, giving, requesting or receiving an improper advantage. Corruption more broadly involves the abuse of entrusted power for private benefit. Bribery and corruption often give rise to criminal property and may therefore create money laundering risks. The proceeds of corruption frequently enter the legitimate economy through professional services, investments, real estate and corporate structures.

Lawyers should consider whether transactions, payments, gifts, commissions, intermediaries or business arrangements have a legitimate commercial rationale and whether they are consistent with their understanding of the client and matter.

You should:

• understand the rationale for payments and commercial arrangements;
• be alert to unusual intermediaries or introducers;
• question transactions that lack a clear commercial purpose;
• consider whether fees, commissions or success payments are proportionate; and
• escalate concerns where explanations are incomplete or unconvincing.