Corruption and Misuse of Public Office 3e

Third Edition

Colin Nicholls QC, Timothy Daniel, Alan Bacarese, John Hatchard, and James Maton

A thoroughly revised edition of an established comprehensive and analytical work on this important and topical subject
Sets out the UK law relating to corruption and misuse of public office in a clear and accessible manner
Provides detailed coverage of anti-corruption measures in overseas jurisdictions
provides a complete guide to the issues arising in the handling of a corruption case, and recovery of the proceeds of corruption under criminal and civil law
Detailed examination of the efforts to combat corruption and support good governance in both the public and private sectors
Written by leading practitioners informed by their extensive international experience of handling corruption cases

New to this Edition:

Fully revised coverage of sector specific initiatives including a new chapter on corruption in sport
A new chapter expanding the coverage of the FCPA
Detailed coverage of the mechanisms to recover the proceeds of corruption
A new chapter on setting standards in the private sector
Fully revised coverage of regulation of conduct in public life to include lobbying and the move towards open government

Corruption and Misuse of Public Office 3e

Third Edition

Colin Nicholls QC, Timothy Daniel, Alan Bacarese, John Hatchard, and James Maton

Description

The law and practice relating to corruption and the misuse of public office is of global importance. The first two editions of this book provided a comprehensive and detailed analysis of the law relating to corruption as it had been shaped over recent years. This new edition has been fully revised and updated to cover all major developments since the publication of the second edition, and to reflect the increasing importance of the fight against corruption worldwide.

Expanded coverage of topics includes: examination of sector specific initiatives including a new chapter on sport; expanded coverage of the FCPA; civil and criminal mechanisms for recovering the proceeds of corruption; and new material on setting standards in the private sector. The third edition covers the laws and regulations of overseas jurisdictions including China, Russia and the UAE and developing countries such as Kenya. The book considers the broadening scope of corruption and its intersection with questions of integrity in public life and examines lobbying and the move towards open government.

Written by leading practitioners with extensive experience of handling corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes coverage of specialist areas such as recovering the proceeds of corruption.

Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, and other regional anti-corruption initiatives.

Corruption and Misuse of Public Office 3e

Third Edition

Colin Nicholls QC, Timothy Daniel, Alan Bacarese, John Hatchard, and James Maton

1. The Meaning and Scope of Corruption
2. Corruption and Related Offences before 2011
3. The Bribery Act 2010
4. Guidance on 'Adequate Procedures'
5. Misconduct in Public Office and the Police Corruption Offence
6. Other Offences Involving Corruption
7. Investigation and Prosecution of Corruption Cases
8. Sanctions
9. Assests Recovery Under the Proceeds of Crime Act 2002
10. Civil Actions and Remedies
11. International Case Studies
12. The Regulation of Conduct in Public Life
13. Standard Setting in the Private Sector
14. Combatting Corruption in Sport
15. The United Nations Convention Against Corruption I: Preventative Measures
16. The United Nations Convention Against Corruption II: Criminalisation, International Cooperation, Asset Recovery and Mechanisms for Implementation
17. Combatting the Bribery of Foreign Public Officials
18. Council of Europe and European Anti-Corruption Initiatives
19. Other Regional and Anti-Corruption Initiatives
20. The US Foreign Corrupt Practices Act of 1977: Compliance and Enforcement
21. Common Law Jurisdictions
22. Civil Law and Other Jurisdictions
23. Offshore Financial Centres
24. The Contribution of Civil Society Organisations
Appendices

Corruption and Misuse of Public Office 3e

Third Edition

Colin Nicholls QC, Timothy Daniel, Alan Bacarese, John Hatchard, and James Maton

Author Information

Colin Nicholls QC, Barrister, 3 Raymond Buildings, ,Timothy Daniel, Independent Consultant, Cooley LLP, ,Alan Bacarese, Director of Anti- Corruption and Asset Recovery at international consultancy, Stream House AG, ,John Hatchard, Professor, The University of Buckingham, School of Law, ,James Maton, Partner, Cooley, LLP,

Colin Nicholls QC of 3 Raymond Buildings is a leading international criminal lawyer specializing in complex commercial crime cases, extradition, criminal mutual assistance, human rights and war crimes. He was a member of the Law Commission's informal advisory group on bribery in 2007 and gave evidence to the Joint Parliamentary Committee on the Bribery Bill in 2009. He is a member of the Law Commission's judicial and practitioner advisory group on reforming the offence of misconduct in public office and was a member of TI/UK's Taskforce on a proposal to introduce Unexplained Wealth Orders, work which led to their introduction in the Criminal Finances Bill. He has been a part time judge and is an Honorary Life President of the Commonwealth Lawyers Association.

Tim Daniel is an independent consultant in London with the US firm Cooley LLP, the successor in title to his previous law firms. He continues to practise public international law, and to be engaged in asset recovery matters for States. He is a former hon. Joint Treasurer of the British Branch of the ILA and a former Treasurer of the Commonwealth lawyers Association.

Alan Bacarese is a leading specialist in corruption (domestic and trans national), money laundering, mutual legal assistance and fraud, with a wealth of experience as a former UK Senior Crown Prosecutor and the first Head of Legal and Case Consultancy at the International Centre for Asset Recovery, Basel, Switzerland. Alan Bacarese is currently Director of Anti-Corruption Asset Recovery at international consultancy Stream House AG and an External Member of the Inter-American Banks Sanctions Committee.

James Maton is the London Head of Litigation of law firm Cooley. His anti-corruption practice includes advising companies on effective training and compliance programs, internal reviews and enquiries, and responding to external investigations. James has advised Governments worldwide on cases to recover the proceeds of corruption or compensation for corrupt acts, including acting in civil cases in London and strategic management of programmes of cases internationally. He has also advised developing countries on the legislation and systems required to recover proceeds of corruption. He was a member of TI(UK)s Taskforce on a proposal to introduce Unexplained Wealth Orders, work which led to their introduction in the Criminal Finances Bill.
John Hatchard is Professor of Law at the University of Buckingham, School of Law; co- Director of the University of Buckingham Centre for Extractive Energy Studies and a Vice-President of the Commonwealth Legal Education Association. He has taught at universities in Australia, the United States, Zambia and Zimbabwe and has written widely on criminal law, human rights and good governance issues with particular reference to the Commonwealth and Africa.

Corruption and Misuse of Public Office 3e

Third Edition

Colin Nicholls QC, Timothy Daniel, Alan Bacarese, John Hatchard, and James Maton

Reviews and Awards

"In the less than two decades for which this work has been in existence, it has carved out a niche for itself as arguably the most authoritative source of information and guidance on what is becoming an increasingly complex area of the law." - Dr Venkat Iyer, The Commonwealth Lawyer (December 2017)

"This worthy manual on bribery and corruption is a must for a practitioner's toolbox, but it is also precisely the type of practical book that public officials and advanced students should use. For all its theoretical foundations, law is at its core an applied profession and this book can inform and teach its subject with grace and - in places - even eloquence." -- Saamir Nizam, The British Journal of White Collar Crime

"This book fills a large gap and will, I predict, prove to be a valuable tool for those bent on attacking an evil that, if unchecked, can infect the life of a nation" - Lord Phillips of Worth Matravers, former President of the UK Supreme Court

"The greatest attribute of the book is that it brings together, in one place, a wide range of primary and secondary legislation together with international treaties and agreements...I was greatly impressed by their clear and detailed knowledge and experience of what is a very confusing area of law both to the British and to many overseas businessmen and politicans.'" - Philip Taylor, MBE, Journal of the Commonwealth Law and Legal Education

"This book seeks to fill an important gap in the literature by bringing together, in one source, a wide range of primary and secondary legislation along with international treaties and other documents. As well as considering UK and ECHR law the book draws upon a vast amount of international literature and laws, recognising that corruption has little regard for national borders." - Andrew Keogh, Crimeline, May 2006

"This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, as well as important regions initiatives." - Asad Jamal, Journal of Law and Social Research

"I have described earlier editions of Corruption as 'indispensible'. For this edition, I make the logical point: it would be irresponsible for it not to be within reach of any professional adviser." - Jeremy Carver, CBE

"Corruption and other similar types of offences are pernicious in nature. In the present poor socio-economic climate, the emergence of resources to help in the fight against such types of actions is to be appreciated even more. This book is one of such resources. Its contribution to the legal understanding of corruption/bribery is immense." - Rhonson Salim, Journal of Commonwealth Law and Legal Education