The SFO has produced a list which is not exhaustive but at least it demonstrates some of the behaviour the SFO will be interested in. They will have regard to:

  • abnormal cash payments
  • pressure exerted for payments to be made urgently or ahead of schedule
  • payments being made through a third party country – for example, goods or services supplied to country ‘A’ but payment is being made, usually to a shell company in country ‘B’
  • an abnormally high commission percentage being paid to a particular agency. This may be split into two accounts for the same agent, often in different jurisdictions
  • private meetings with public contractors or companies hoping to tender for contracts
  • lavish gifts being received
  • an individual who never takes time off even if ill, or holidays, or insists on dealing with specific contractors himself or herself
  • making unexpected or illogical decisions accepting projects or contracts
  • the unusually smooth process of cases where an individual does not have the expected level of knowledge or expertise
  • abuse of the decision process or delegated powers in specific cases
  • agreeing contracts not favourable to the organisation either because of the terms or the time period
  • unexplained preference for certain contractors during tendering period
  • avoidance of independent checks on the tendering or contracting processes
  • raising barriers around specific roles or departments which are key in the tendering or contracting processes
  • bypassing normal tendering or contracting procedures
  • invoices being agreed in excess of the contract without reasonable cause
  • missing documents or records regarding meetings or decisions
  • company procedures or guidelines not being followed
  • the payment of, or making funds available for, high value expenses or school fees (or similar) on behalf of others. 

Clarke Kiernan, Bribery solicitors,

1 Lamberts Yard, Tonbridge, TN9 1ER

Phone: 01732360999, Fax : 01732353835, dac@clarkekiernan.comMap