Out-Law News 2 min. read

SFO launch confidential bribery report system for workers


Employees will be able to confidentially report allegations of corruption within the organisation they work for through a new system launched by the Serious Fraud Office (SFO).

The SFO has launched 'SFO Confidential', a new system it said will enable workers to report concerns about bribery and corruption anonymously.

"SFO Confidential is for those who want to give information about serious or complex fraud or corruption on the understanding that their identity will not be inappropriately disclosed," the fraud investigator said in a statement.

"If you have inside information about serious or complex fraud or corruption, we want to hear from you.  Your information could be about anyone including your employer, colleagues, competitors or associates. Even if you are concerned that you may be implicated in the offending in question or in other unrelated criminal activity, it is important that you speak to us," it said.

The SFO investigates and prosecutes serious or complex fraud and corruption. It has the power to investigate and prosecute individuals for corrupt or fraudulent activity in England, Wales and Northern Ireland. It has previously encouraged businesses to self-report bribery uncovered in their organisations, in return for more lenient punishment.

Informants can report their suspicions to SFO staff over the phone, in writing, via email or through a "secure web portal" and details of informants' identities will only be disclosed in strict circumstances and with individuals' consent.

"We will only reveal your identity on a strictly need-to-know basis or if a judge orders us to," the SFO said.

"If we do have to reveal your identity, we will always consult you and consider your needs before we disclose your identity," it said.

Information sent through the SFO's online reporting form is immediately encrypted and if data is shared with law enforcement agencies it is anonymised, the SFO said.

"Our information recording system is purpose-built for receiving and storing confidential information," the SFO said.

"Any information you send us through our website is encrypted immediately.  Our processes for storing and handling information comply with the law and are in line with industry standards. If we share any of your information with other law enforcement agencies, we will remove any details which could reveal you as the source of the information before we share it," it said.

Informants should detail where offences have taken place, the reasons behind their suspicion that serious or complex fraud has taken place, whether anyone has "suffered a direct loss" as a result of the activity, the evidence they have and whether the matter has been reported to other law enforcement agencies or public bodies, the SFO said.

The SFO said its new system was not to be used as a reporting mechanism by victims of serious fraud and corruption.

New UK bribery laws came into force in July. Under the Bribery Act companies can be found responsible for bribery carried out by its employees without its knowledge or consent. UK companies and partnerships can be found to be breaking the law no matter where alleged acts of bribery take place. Foreign companies which operate in the UK could also face prosecution regardless of where the alleged bribery has taken place, unless the suspect activities are permitted locally. 

The Act also makes it an offence for businesses to fail to prevent bribery by people working for or on behalf of a business. Companies can escape liability if they show that they have 'adequate procedures' designed to prevent bribery in place. 

Under section two of the Act it is an offence if a person requests, agrees to receive, or accepts an advantage, financial or otherwise, with the intention that they or someone else perform a "relevant function or activity" improperly. Under the Act, the maximum penalty for individuals found guilty of bribery is 10 years' imprisonment and an unlimited fine. 

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