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Understanding the Bribery Act Coursework (Essay Sample)


this task requires the writer to Assess the liability of companies and individuals in regard to the fraud act and bribery act
The sample addresses the liability of optic health and samiah under the bribery and fraud act respectively.


White collar crimes

Question one

The bribery act 2010 was enforced in the year 2010. Under the Act, are four main offenses that make a person liable to committing a crime. The offenses include bribing, accepting to be bribed, giving bribes to officials in the public, and the failure to stop bribery by organizations or departments. These offenses can be committed by individuals, companies, or organizations. The Act stipulates strategies for defying the law and hence acts as anti-corruption legislation.
Liability to the bribery Act
An individual becomes liable to the offense in this crime by offering promises or giving finances to another person to make the other person perform to their advantage. The Act declares individuals guilty if they accept gifts, advantages over others and thereby disrupt the proper functioning of organization function. When this happens, it results in improper function of activity, it is considered an offense. LeBaron et al. (2017) posits that the Act also guides in regards to payments of facilitations. These are cases where officials in governments require fees to fulfill specific tasks. These fees are regarded as illegal and thereby are not following the law.
The act stipulates that the receiver of the advantage may not be the receiver and therefore it is important to note that all the recipients are scrutinized. On the other end, bribing officials by offering finances or promising advantages also makes one liable to committing the offense. These officials may include people in public offices, those in judicial posts, those involved in managing government tenders that are either administrative or legislative.
Individuals may also fall victims to an offense by refusing to stop bribe. For example, an individual who acts in his/her ignorance by making payments has committed an offense. Businesses and organizations are therefore held responsible if they get involved in bribery to gain advantages. Individuals who perform for the organizations or businesses are therefore associated with them as allies. These individuals may include employees, agents, or consultants working for those particular organizations. The heads of the companies who are found guilty to have been bribed also face the law as they are liable to the commitment of the offense.
Assessing Liability of OptiHeailth Plc
OptiHeailth is criminally liable under the bribery act in several ways. First, the company makes facilitation payments following a chain of individuals from the managing director to the supply manager of the company. In the bribery Act, making facilitation payments that act to your advantage automatically qualifies individuals and organizations liable. The supply manager, therefore, acts per the authority given by the managing director of the company to make facilitation payments and access quickly PPE in the medical supply industry.

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