A director of a mortgage network learns that one of its self-employed advisers has been paying a housing developer's sales staff to steer buyers to him. The network had no anti-bribery procedures. Under which provision is the network itself most exposed?
Under the Bribery Act 2010 s7 a commercial organisation commits an offence if a person associated with it (an employee, agent or someone performing services for it) bribes another to obtain or retain business for it. Its only defence is having adequate procedures to prevent bribery. The adviser also commits the s1 offence of bribing. Tipping off, the general prohibition and insider dealing do not fit these facts.
Assuming only the individual who paid the bribe is liable.
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