Anti-Bribery, Corruption & Fraud

Fraud takes place in every department – from HR to Accounts – and at every level from goods received/warehouse personnel to the Board. Executives from all departments must understand how to deal with fraud, particularly in light of the Bribery Act. Described by many commentators as the most stringent anti-corruption law in the world, The Bribery Act came into force on 1 July 2011. This course will examine in detail the impact The Bribery Act will have on both individuals and corporate entities, and will examine in detail the offences covered by the Act. By attending this practical two day training course, you will: Understand the extra-territorial reach of the FCPA and the UK Bribery Act Comprehend the best practice guidelines for gifts, hospitality, marketing & facilitation payments Appreciate how companies can protect themselves against bribery Know how to carry out risk assessments and assess compliance See how commercial organisations and financial institutions are failing to prevent Bribery Featuring – Case-Studies on Kick-backs and Conflicts of Interest RELEVANT for all staff, particularly those responsible for failings under the legislation This training course is beneficial for: Heads of legal department Company Directors In-house legal and compliance personnel Legal affairs directors and managers Company Secretaries Private practitioners contemplating a move in-house Financial Controllers Fraud Investigators Heads of Accounting Finance Directors Heads of Procurement Risk Managers Operational Risk personnel Marketing/hospitality personnel Heads of Internal Audit/Internal Auditors/Accountants This course is vitally important and relevant to all staff (not just lawyers), but especially middle and upper management – who will otherwise be held responsible for failings under the legislation.
Day 1 Introduction The Global Context The US Foreign Corrupt Persons Act (FCPA); the FCPA and The Bribery Act 2010 compared The extra-territorial reach of these Acts Bribery as a subset of Corruption How Bribes are disguised and laundered. Bribery, Corruption and False Accounting The General Offences of Paying and Receiving Bribes The Bribery of Foreign Officials Gifts, Hospitality, Marketing & Facilitation Payments What is permissible and what is not Best practice guidelines Illustrative documentation & class discussion The Failure of Commercial Organisations to prevent Bribery How can companies protect themselves? Anti-Bribery, Corruption & Fraud The Adequate Procedures – and their central importance The Defence The Guidance The 6 Principles analysed in detail What are the steps and techniques which will help to ensure compliance and that this defence will be available? Bribery Act Audits – what are they and how are they conducted? Dealing with the Regulators and Law Enforcement What are the key issues? Prosecutorial discretion - key areas where this is relevant and the factors likely to be influential on this. Clearance procedures Self-Reporting Day 2 Prevention, Detection and Investigation of Bribery and Corruption Bid Rigging Kick Backs Conflicts of Interest Prevention, Detection and Investigation of Bribery and Corruption Leading Fraud Theories and how they help us in preventing, detecting and investigating Bribery and Corruption. Latest research on these areas and revealing characteristics of those who bribe and accept bribes Which are the high risk sectors, companies, jurisdictions etc? How to carry out Risk Assessments and how to assess compliance in these areas? The role of the directors and senior management What is expected of them and how do they protect themselves? Ethics Policies, Codes of Conduct and Response Plans Prevention, Detection, Investigation, Litigation and Recovery in relation to Bribery Prevention, Detection, Investigation, Litigation and Recovery in relation to Conflicts of Interest Red Flags Best practice and latest techniques in relation to Prevention, Detection and Investigation Conflicts of Interest Class Exercise/Case Study Prevention, Investigation, Detection, Litigation and Recovery in relation to Bribery (i) Invoice Kickbacks and (ii) Bid Rigging Red Flags Best practice and latest techniques in relation to Prevention, Detection and Investigation Key Elements to Successful Recovery Defendants and Quantum of Loss Bribery/Invoice Kickbacks Class Exercise/Case Study