The practice of receiving or giving bribes and siphoning off secret profits from companies is fraudulent activity, which may constitute a civil or criminal offence.
Some may feel that a bribe is just a business incentive – and that siphoning off profits is a justifiable action in certain circumstances.
However, receipt of bribes and secret profits constitute dishonest behaviour – and those who aid and abet others in receiving bribes or taking secret profits from a company or partnership can also face criminal charges.
In such cases, shareholders in a company may face losses – and any monies acquired as a result of bribes and secret profit shares can usually be recovered under the civil fraud provisions of the Proceeds of Crime Act 2002 (POCA) even if criminal prosecution does not apply.
In cases where a company goes into Liquidation and it appears there is some irregularity in the accounts or monies are unaccounted for, it is likely that an investigation by the Insolvency Service will be launched.
In cases where debts are owed and bribery or secret profits may be a factor, asset tracing is one possibility in the recovery of assets to repay a debt.
Duncan Lewis can advise at any stage of a matter involving allegations of bribery or secret profits – including advising on debt recovery, POCA and asset tracing services where creditors are seeking to recover monies owed.
In cases where an investigation into bribery and secret profits has been launched, Duncan Lewis can also advise on freezing injunctions to prevent any assets being dissipated or transferred – as well as advising on allegations of assisting or benefiting from fraud, including the offences knowing receipt or unjust enrichment.
Duncan Lewis has in house experts covering most areas of the law, including:
In cases where a loss has been incurred as a result of misconduct and bribery or secret profits, it may be possible to make a claim for damages and recovery of any monies.
For expert legal advice on Receipt of Bribes and Secret Profits, call Duncan Lewis Civil Litigation Solicitors on 0333 772 0409.