Corruption and Misuse of Public Office

Hardcover | October 15, 2011

byColin Nicholls QC, Timothy Daniel, Alan Bacarese

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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 ofimportant 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 areassuch 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.

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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...

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 ...
Format:HardcoverDimensions:936 pages, 9.69 × 6.73 × 0.98 inPublished:October 15, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199577277

ISBN - 13:9780199577279

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Table of Contents

1. The Meaning and Scope of CorruptionThe Meaning of CorruptionThe scope of this bookArrangement of the BookPART I: CRIMINAL LAW2. Corruption and Related Offences before 2011IntroductionThe Common Law Offence of BriberyStatutory OffencesAlternative ChargesLiability of Corporate and Unincorporated BodiesJurisdictionSentencing in Common Law Bribery and Prevention of Corruption Acts CasesOther Statutory Offences Involving Corruption3. The Movement for ReformEarly InitiativesThe Law Commission Report 1998 and the 2003 Draft Corruption BillThe Home Office Consultation Paper 2005The Transparency International Corruption Bill 2006Responses to the Home Office Consultation Paper 2007The Law Commission Consultation Paper 2007The Law Commission's Report 2008The Government's Draft BillThe Joint Committee 2009The Bribery BillPassage of the Bill4. The Bribery Act 2010OverviewGeneral Bribery OffencesBribery of Foreign Public OfficialsFailure of Commercial Organisations to Prevent BriberySpecial CasesProsecutions and PenaltiesOther Provisions about OffencesSupplementary and Final Provisions5. Guidance on 'Adequate Procedures'IntroductionThe Statutory GuidanceThe GuidanceThe Six PrinciplesClarification of Difficult IssuesStandard Setting in the Private SectorSector-Specific Initiatives6. Misconduct in a Public OfficeIntroductionThe Scope and Elements of the OffenceThe Elements of the OffenceCharging practice, applicability of the offence and sentencing policyFuture developmentsThe Tort of Misfeasance in Public Office7. Investigation, Prosecution, and Sentencing in Corruption CasesCriminal InvestigationsProsecution AgenciesReactive InvestigationsProactive InvestigationsWhistle-blower ProtectionSentencing in Corruption CasesRecent developments in the prosecution of major corruption cases in the UKInternational Cooperation Generally: Mutual Assistance and Mutual Legal AssistanceExtraditionExtradition to the United KingdomProposed Review of United Kingdom's Extradition ArrangementsPART II: CONFISCATION AND RECOVERY OF ASSETS8. Criminal Confiscation and Civil RecoveryRecovery of the Proceeds of CorruptionCriminal Restraint and ConfiscationCivil Recovery Under POCANon-POCA Civil RecoveryJurisdiction and Choice of LawGrand Corruption9. Civil Actions and RemediesIntroductionWho May Be a Claimant?Who May Be a Defendant?Remedies Against a Dishonest AgentRemedies Against Third PartiesInternational Arbitration, Public Policy, and CorruptionPART III: INTEGRITY IN PUBLIC LIFE10. Regulating Conduct in Public LifeIntroductionThe LegislatureExecutiveThe JudiciaryThe Civil ServiceLocal GovernmentOther Public Bodies (Quangos)PART IV: INTERNATIONAL AND REGIONAL ANTI-CORRUPTION INITIATIVES11. The United Nations Convention Against Corruption I: Preventative MeasuresIntroductionBackground to the UNCAC ConventionPreventive measures12. The United Nations Convention Against Corruption II: Criminalisation, International Cooperation, Asset Recovery, and Mechanisms for ImplementationIntroductionCriminalisation and law enforcementChapter IV: International cooperationChapter V: Asset recoveryMechanisms for implementation13. The Bribery of Foreign Public OfficialsIntroductionThe OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1977Criminalization (Article 1)The Consequent Debate: The Scope of CriminalizationDefencesLiability 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 DeductibilityProgress and the Future for the OECD Anti-Bribery Convention14. European Anti-Corruption Initiatives and InstrumentsIntroductionCouncil of EuropeThe European UnionThe OECD15. Other International Anti-Corruption InitiativesAfrican InitiativesThe Inter-American Convention Against CorruptionAsia-PacificThe CommonwealthThe World Bank GroupPART V: CORRUPTION LAWS OF OTHER JURISDICTIONS16. The Investigation and Prosecution of Foreign Corruption in the United StatesIntroductionEnactment of the Foreign Corrupt Practices Act 1977Overview of the FCPAThe anti-bribery offenceThe FCPA accounting provisionsPenalties for FCPA ViolationsOffences Frequently Associated with FCPA ViolationsEnforcementConclusions17. Common Law JurisdictionsAustraliaCanadaIndiaIrelandKenyaNew ZealandNigeriaSingaporeThe United States18. Civil Law and Other JurisdictionsBrazilChinaFranceHong KongRussiaSouth AfricaThe United Arab Emirates19. Offshore Financial CentresDefinition of an Offshore Financial CentreThe role of OFC'sThe concern about the OFC'sSecrecy JurisdictionsBanking SecrecyConsequences in relation to Corruption and Money LaunderingThe Future of the IssueSwitzerlandPART VI: THE ROLE OF CIVIL SOCIETY20. The Role of Civil Society Organizations in Combating CorruptionIntroductionPromoting Standard Setting in the Corporate SectorProviding Access to Legal MaterialsInvolvement in the Development of International and Regional Anti-Corruption InstrumentsProviding Education and TrainingSeeking to Quantify CorruptionScrutinizing and Contributing to the Development of Anti-Corruption Laws, Procedures and JurisprudenceA Note on Selected Anti-Corruption OrganisationsAppendicesAppendix 1 - Prevention of Corruption Acts 1889 to 1916 and Anti-Terrorism, Crime and Security Act 2001, Part 12: Bribery and CorruptionAppendix 2 - United Nations Convention Against CorruptionAppendix 3 - The Bribery Act 2010Appendix 4 - Guidance

Editorial Reviews

`[A] worthwhile and valuable contemporary book' Phillip Taylor MBE, Journal of Commonwealth Law and Legal Education