Foreign Corruption and Asset Recovery

Corruption is major market distortion 

One doesn’t pay bribes for the sake of paying; obviously something in return is expected, most of the times, affecting honest businesses unwilling to accept such malpractices.

In my experience, organizations start paying – also – because of the unfair competition, on this regard you may read If Your Competitors Are Paying Bribes, Don’t Follow Them!

That being said, it is worth talking about another, connected, delicate matter; asset recovery. 

Honest businesses, in fact, are seriously affected by corruption when  they  lose contracts and opportunities because of illegal practices, therefore, protecting their legitimate interests is a  crucial remedy.

  1. Administrative remedies. When it comes to public contracts, oftentimes administrative (or civil) tribunals have jurisdiction on them. If you believe others were chosen without actual credit, you should talk to a lawyer to protect your interests.
  2. Whistleblowing. If, for any reason, you become aware of corruption practices involving your competitor(s), you should evaluate the possibility of reporting it to local authorities and/or your competitor(s) home authorities. In some cases, you may be entitled to an award.
  3. Reporting the public official(s). If you have elements in this sense, e.g. an undue request from a public official, you should report it. Besides doing what is right, you may be entitled to damage restoration.
  4. Reporting an unfaithful employee. Private corruption is, in some cases, forbidden (e.g. The UK Anti-Bribery Act), however, if an employee damaged his organization for a personal gain, he may be held  – at least – contractually responsible.

The aforementioned are just the most common remedies, however, in the reality, there are countless situation which should be carefully evaluated by a legal professional on case by case basis.

To discuss further, please, do not hesitate to reach out Contact


Published by

Michele La Neve

White Collar Crime Attorney at Whitecotton Law Dedicated to Helping Clients Overcome Unforeseen Business Risks.

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