The law and practice relating to corruption and the misuse of public office is of increasing topical importance. The first edition of this book provided a comprehensive and detailed analysis of the law relating to corruption as it had been shaped over recent years. This new edition covers all major developments since the publication of the first edition, including the Bribery Act 2010; the US Foreign Corrupt Practices Act; the United Nations Convention Against Corruption; current revision and implementation of anti-corruption legislation in a number of important jurisdictions; and changes to the area of mutual legal assistance and civil recovery.
Written by leading practitioners with extensive experience of handling corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes coverage of specialist areas such as recovering the proceeds of corruption, and whistleblowing. Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, and important regional initiatives.
By:
Colin Nicholls QC (Barrister 3 Raymond Buildings),
Timothy Daniel (Partner,
Edwards Wildman Palmer UK LLP),
Alan Bacarese (,
Special Counsel,
Peters & Peters UK LLP),
John Hatchard (Professor,
The Open University,
School of Law)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions:
Height: 243mm,
Width: 182mm,
Spine: 58mm
Weight: 2g
ISBN: 9780199577279
ISBN 10: 0199577277
Pages: 930
Publication Date: 15 September 2011
Audience:
Professional and scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Active
1: The Meaning and Scope of Corruption The Meaning of Corruption The scope of this book Arrangement of the Book PART I: CRIMINAL LAW 2: Corruption and Related Offences before 2011 Introduction The Common Law Offence of Bribery Statutory Offences Alternative Charges Liability of Corporate and Unincorporated Bodies Jurisdiction Sentencing in Common Law Bribery and Prevention of Corruption Acts Cases Other Statutory Offences Involving Corruption 3: The Movement for Reform Early Initiatives The Law Commission Report 1998 and the 2003 Draft Corruption Bill The Home Office Consultation Paper 2005 The Transparency International Corruption Bill 2006 Responses to the Home Office Consultation Paper 2007 The Law Commission Consultation Paper 2007 The Law Commission's Report 2008 The Government's Draft Bill The Joint Committee 2009 The Bribery Bill Passage of the Bill 4: The Bribery Act 2010 Overview General Bribery Offences Bribery of Foreign Public Officials Failure of Commercial Organisations to Prevent Bribery Special Cases Prosecutions and Penalties Other Provisions about Offences Supplementary and Final Provisions 5: Guidance on 'Adequate Procedures' Introduction The Statutory Guidance The Guidance The Six Principles Clarification of Difficult Issues Standard Setting in the Private Sector Sector-Specific Initiatives 6: Misconduct in a Public Office Introduction The Scope and Elements of the Offence The Elements of the Offence Charging practice, applicability of the offence and sentencing policy Future developments The Tort of Misfeasance in Public Office 7: Investigation, Prosecution, and Sentencing in Corruption Cases Criminal Investigations Prosecution Agencies Reactive Investigations Proactive Investigations Whistle-blower Protection Sentencing in Corruption Cases Recent developments in the prosecution of major corruption cases in the UK International Cooperation Generally: Mutual Assistance and Mutual Legal Assistance Extradition Extradition to the United Kingdom Proposed Review of United Kingdom's Extradition Arrangements PART II: CONFISCATION AND RECOVERY OF ASSETS 8: Criminal Confiscation and Civil Recovery Recovery of the Proceeds of Corruption Criminal Restraint and Confiscation Civil Recovery Under POCA Non-POCA Civil Recovery Jurisdiction and Choice of Law Grand Corruption 9: Civil Actions and Remedies Introduction Who May Be a Claimant? Who May Be a Defendant? Remedies Against a Dishonest Agent Remedies Against Third Parties International Arbitration, Public Policy, and Corruption PART III: INTEGRITY IN PUBLIC LIFE 10: Regulating Conduct in Public Life Introduction The Legislature Executive The Judiciary The Civil Service Local Government Other Public Bodies (Quangos) PART IV: INTERNATIONAL AND REGIONAL ANTI-CORRUPTION INITIATIVES 11: The United Nations Convention Against Corruption I: Preventative Measures Introduction Background to the UNCAC Convention Preventive measures 12: The United Nations Convention Against Corruption II: Criminalisation, International Cooperation, Asset Recovery, and Mechanisms for Implementation Introduction Criminalisation and law enforcement Chapter IV: International cooperation Chapter V: Asset recovery Mechanisms for implementation 13: The Bribery of Foreign Public Officials Introduction The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1977 Criminalization (Article 1) The Consequent Debate: The Scope of Criminalization Defences Liability of Legal Persons (Article 2) Sanctions (Article 3) Jurisdiction (Article 4) Enforcement and Prosecutorial Discretion (Article 5) Statute of Limitations (Article 6) Money Laundering (Article 7) Accounting (Article 8) Mutual Legal Assistance (Article 9) Extradition (Article 10) Tax Deductibility Progress and the Future for the OECD Anti-Bribery Convention 14: European Anti-Corruption Initiatives and Instruments Introduction Council of Europe The European Union The OECD 15: Other International Anti-Corruption Initiatives African Initiatives The Inter-American Convention Against Corruption Asia-Pacific The Commonwealth The World Bank Group PART V: CORRUPTION LAWS OF OTHER JURISDICTIONS 16: The Investigation and Prosecution of Foreign Corruption in the United States Introduction Enactment of the Foreign Corrupt Practices Act 1977 Overview of the FCPA The anti-bribery offence The FCPA accounting provisions Penalties for FCPA Violations Offences Frequently Associated with FCPA Violations Enforcement Conclusions 17: Common Law Jurisdictions Australia Canada India Ireland Kenya New Zealand Nigeria Singapore The United States 18: Civil Law and Other Jurisdictions Brazil China France Hong Kong Russia South Africa The United Arab Emirates 19: Offshore Financial Centres Definition of an Offshore Financial Centre The role of OFC's The concern about the OFC's Secrecy Jurisdictions Banking Secrecy Consequences in relation to Corruption and Money Laundering The Future of the Issue Switzerland PART VI: THE ROLE OF CIVIL SOCIETY 20: The Role of Civil Society Organizations in Combating Corruption Introduction Promoting Standard Setting in the Corporate Sector Providing Access to Legal Materials Involvement in the Development of International and Regional Anti-Corruption Instruments Providing Education and Training Seeking to Quantify Corruption Scrutinizing and Contributing to the Development of Anti-Corruption Laws, Procedures and Jurisprudence A Note on Selected Anti-Corruption Organisations Appendices Appendix 1 - Prevention of Corruption Acts 1889 to 1916 and Anti-Terrorism, Crime and Security Act 2001, Part 12: Bribery and Corruption Appendix 2 - United Nations Convention Against Corruption Appendix 3 - The Bribery Act 2010 Appendix 4 - Guidance
Colin Nicholls QC of 3 Raymond Buildings is a leading international criminal lawyer specializing in complex commercial crime cases including corruption, extradition, and war crimes. He acted for the defence in the Guinness case, Brent Walker, and BCCI, and gave evidence to the Parliamentary Joint Committee on the Bribery Bill. He has been a part-time judge, and is Honorary Life President of the Commonwealth Lawyers Association. Tim Daniel is a Litigation Partner at Edwards Wildman Palmer UK LLP. He has extensive experience of major civil cases concerned with corruption and asset recovery, on which he has written and spoken widely. He is the former Honorary Treasurer of the Commonwealth Lawyers Association, and is Honorary Joint Secretary of the British Branch of the International Law Association. Alan Bacarese is Head of Legal and Case Consultancy at the International Centre for Asset Recovery, Basel Institute on Governance. Professor John Hatchard is Professor at the Open University, School of Law and Vice-President of the Commonwealth Legal Education Association. He has written widely on criminal law, human rights, and good governance issues.
Reviews for Corruption and Misuse of Public Office
`Review from previous edition This is an unusual text-book, in that it does not merely set out the law. Behind the text, one can discern the authors' passionate personal dedication to the fight against corruption, an essential addition to your library.' The Lord Chief Justice, Lord Phillips of Worth Matravers `This book fills a large gap and will, I predict, prove to be a valuable tool for those bent on attacking an evil that, if unchecked, can infect the life of a nation' The Lord Chief Justice, Lord Phillips of Worth Matravers `The greatest attribute of the book is that it brings together, in one place, a wide range of primary and secondary legislation together with international treaties and agreements...I was greatly impressed by their clear and detailed knowledge and experience of what is a very confusing area of law both to the British and to many overseas businessmen and politicans.'' Philip Taylor, MBE, Journal of the Commonwealth Law and Legal Education `This book seeks to fill an important gap in the literature by bringing together, in one source, a wide range of primary and secondary legislation along with international treaties and other documents. As well as considering UK and ECHR law the book draws upon a vast amount of international literature and laws, recognising that corruption has little regard for national borders.' Andrew Keogh, Crimeline, May 2006 `[A] worthwhile and valuable contemporary book' Phillip Taylor MBE, Journal of Commonwealth Law and Legal Education
