Saturday, 11 June 2016

Bribing The Crown Office To Keep You Out Of Jail

You've probably never heard of the Bribery Act 2010. It doesn't get a lot of press but it is a fairly new law pertaining to, well, bribery, and it came in to law in, ermm, 2010.

Yip, glad I've cleared that up!

OK, so what's this new law all about then?

Well the kinda basic idea is that the Crown Office can now prosecute people in big corporations for bribing others in to giving them work (ooooh, Glasgow Crooked City Council will be quaking in their boots - oops, sorry, I forgot, GCC is run by councillors who are ex PF's, ex solicitors, ex coppers etc. the COPFS won't go after them - oh well, it was nice while the dream lasted).

Anyway, the strange thing about this new bribery law is that there are already existing laws regarding fraud which cover this type of thing?

Now it always interests me when they bring out a new law, especially one which is unnecessary and is already covered by existing laws, because every time they do this they usually introduce a sneaky wee angle to the new law that benefits somebody high up in the echelons of power.

So I've taken a closer look at this new unnecessary law to see what it's all about - and all has now been revealed with their first prosecutions (if you can call them that).

One particular company called Brand-Rex reported themselves to the Crown office - under the new bribery law - when they discovered one of their agents had been a bit of a naughty boy with their 'incentive' scheme.

The Crown office investigated in to it and concluded that yes, the law had indeed been broken...and proceeded to fine the company.

All seems in order then eh?

Eh, well no, not quite.

Because when you look a little further you discover that what's really important here is that the company who broke the law only received a fine - which is a civil recovery settlement.

The fine was given under civil law instead of it being a criminal prosecution like it should have been (and that could have involved jail time).

So in essence, this new bribery law is a method whereby people at the top of large corporations who break the law can jump in quick when they see the excrement is about to hit the ventilator and 'self report' themselves to get a way with a monetary fine when they should really be doing jail time for their crimes.

Monetary fines are nothing to these large corporations. And it seems our Crown office are quite happy to take their money in exchange for sparing them a jail sentence.

Now that's what I really call bribery. The Crown Office & Procurator Fiscal Service who are supposed to be prosecuting people for bribery are actually the ones who are taking the bribes to keep people out of jail.

You couldn't make it up.

So the 2010 bribery law is pretty much good news for rich, top executives of large corporations.

And what about the smaller people, the working classes? Does the same procedures apply to them?

Well, next time you break the law and reckon untrustworthy Police Scotland may be about to close in on you, just hand yourself in, confess all (ie self report), and get them to treat your wrongdoings as a civil law matter rather than a criminal law matter.

Let me know how you get on y'all (that is if they let you write letters from your jail cell...).

http://www.natlawreview.com/article/bribery-scotland-civil-settlement-under-bribery-act-and-scottish-crown-office