Medium2 marksMultiple Choice
Corporate fraudulent and criminal behaviourSyllabus HCriminal BehaviourBribery Act

ACCA · Question 25 · Corporate fraudulent and criminal behaviour

Section A

Under Section 7 of the Bribery Act 2010, a commercial organization commits an offense if a person associated with it bribes another person intending to obtain or retain business for the organization. What is the only statutory defense available to the commercial organization against this specific strict liability offense?

Answer options:

A.

That the senior management had no knowledge of the bribe.

B.

That the bribe was paid in a country where such payments are customary.

C.

That the organization had adequate procedures in place designed to prevent associated persons from undertaking such conduct.

D.

That the person who paid the bribe was an independent contractor, not an employee.

How to approach this question

Recall the specific defense to the corporate offense of failing to prevent bribery.

Full Answer

C.That the organization had adequate procedures in place designed to prevent associated persons from undertaking such conduct.✓ Correct
The offense of a commercial organization failing to prevent bribery (s.7 Bribery Act 2010) is a strict liability offense. The only defense is to prove that the organization had 'adequate procedures' in place designed to prevent persons associated with it from undertaking such conduct.

Common mistakes

Assuming that ignorance by the board of directors is a defense. It is not; the company must actively implement adequate procedures.

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