United Kingdom

Anti-Bribery and Corruption Compliance and Investigations 

Are you a multinational company with a link or connection of any kind to the UK or US?

If so, are you aware of the national and international bribery and corruption legislation with which you must comply? Are you taking action to ensure compliance?

The increase in enforcement of national and international bribery and corruption legislation means businesses must demonstrate compliance.  Due to its complexities, this can be a challenging area for businesses to address.

 

Our specialists have in-depth knowledge of the anti-bribery and corruption laws impacting your organisation.  We can work with you proactively to help achieve compliance, or reactively to help you respond to regulatory or law enforcement action.

 

What's on your mind?

 

  • Ensuring there are effective firm-wide policies, systems, and controls that comply with the legislation and manage bribery and corruption risks
  • The increase in enforcement of national and international bribery and corruption legislation means businesses must demonstrate compliance.  Due to its complexities, this can be a challenging area for businesses to address.
  • Responding immediately and decisively to allegations of bribery and corruption within the organisation and related investigations by regulators or law enforcement bodies
  • Increasing levels of training and awareness amongst employees of bribery and corruption risks
  • Mitigating the potential reputational and commercial damage that can follow a bribery and corruption incident or investigationManaging the risks of operating in or expanding into high risk jurisdictions, including emerging markets

 

Bringing you peace of mind

 

We help clients to proactively manage, and reactively respond to, their bribery and corruption risks by:

 

  • Proactive Compliance and Risk Reviews - reviewing existing compliance programmes and assisting in the enhancement of such programmes or the development of new programmes
  • Providing training and awareness initiatives on the relevant legislation and its practical implications
  • Assisting in the development of controls designed to monitor for compliance
  • Conducting examinations of overseas business units or third party entities
  • Assisting M&A teams with due diligence on potential targets to identify bribery and corruption risks which may impact on price or successor liability
  • Providing integrity due diligence on potential business partners and other third parties, as the regulation requires
  • Reactive Investigations and Remediation - investigating potential or actual violations of bribery and corruption legislation, e.g. improper activity or suspicious payments
  • Liaising with regulators and law enforcement throughout the investigation process, helping clients to understand and meet expectations
  • Using forensic technology experience to identify, collect, review and disclose evidence
  • Assisting in the remediation of issues identified during bribery and corruption investigations

 

 

What's in it for you?

 

  • Achieve compliance with the relevant bribery and corruption legislation, as well as wider, related regulation
  • Avoid the severe penalties imposed for non-compliance which can include massive fines, investigation costs, and even imprisonment
  • Mitigate the significant reputational and commercial harm that bribery and corruption investigations cause the organisation
  • Establish a culture and reputation for sound ethical business practice which can provide a competitive advantage
  • Where a violation is suspected / has occurred, react quickly and effectively to establish facts, take action and manage the regulatory relationship

 

Why KPMG?      

 

  • We advise, and sit on working groups which shape policy in this area.
  • We have undertaken bribery and corruption investigations for many organisations across industry, often involving complex and simultaneous cross-border inquiries by different national regulators.
  • We have also helped clients to proactively develop and execute AB&C compliance programmes in order to comply with laws in a variety of jurisdictions.
  • In one case, we aided a client in proactively obtaining a refund of approximately £100m as a result of bribery and corruption issues identified with an acquired entity.
  • We possess in-depth knowledge of key bribery and corruption laws and related regulatory expectations, coupled with a wealth of practical prevention and investigation experience.
  • We are part of a global network of over 2000 forensic accounting, forensic technology, and corporate intelligence professionals, including former prosecutors, regulators, law enforcement officials, and other federal investigators, working to consistently applied methodologies.

 

Case Study

 

  • Project Kauai: The client received allegations from a whistleblower of improper payments made by a subcontractor to an unidentified recipient in Southwest Asia
  • We interviewed relevant individuals at both the client and subcontractor and reviewed, in detail, their electronic and hard copy books and records. We also traced fund flows from the subcontractor to determine the ultimate recipient of the payments
  • The client terminated its contract with the subcontractor. We found weaknesses in the client's internal controls which could potentially lead to US FCPA violations and we also traced fund flows from the subcontractor to determine the ultimate recipient of the payments
  • The client was able to reassure investors, customers, and regulators that they had fully (and independently) investigated the allegation and taken the necessary remedial actions, potentially saving millions of dollars in fines and lost business

 

Contact

Charllie Patrick

Charlie Patrick

Director

KPMG in the UK

 

020 7694 5470

Email Charlie

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