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2020-040 – Bribery Act 2010

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Date Answered: 1 Mawrth 2020

Response:

  1. How many cases have been taken to court since the introduction of the Bribery Act in 2010? Please break this down by year.

Year

Number of Cases*

2014

1

2015

0

2016

1

2017

0

2018

0

2019

3

2020

0

*Please note I have taken cases to mean any SFO cases that were either brought to trial or involved sentencing where an organisation or individual pleaded guilty. These figures do not include Deferred Prosecution Agreement (DPA) proceedings.

  1. Under sections 1, 2, 6 and 7 of the Bribery Act please state how many convictions have been secured since the introduction on the Act in 2010? Please break this down by year and section of the Act.

Year

Number of Convictions

Section of the Bribery Act 2010

2014

2

Section 1(1) and (2) and of the Bribery Act 2010

Section 2(1) and (2) of the Bribery Act 2010

2015

1

Section 7(1) of the Bribery Act 2010

2019

2

Section 1(1) and (2) of the Bribery Act 2010

 

  1. Under sections 1, 2, 6 and 7 of the Bribery Act please state the total penalties imposed since the introduction on the Act in 2010? Please break this down by section of the Act, year, fines imposed on corporates/individuals and imprisonment.

Year

Section of the Bribery Act 2010

Corporates/Individuals

Fines/Imprisonment

2014

Section 1(1) and (2), Section 2(1) and (2)

Gary West

Sentenced to 13 years and disqualified as Director for 15 years.  Gary West with James Whale and Stuart Stone were ordered to pay a confiscation order totalling £1.36m, to be paid out as compensation.

2014

Section 1(1) and (2)

Stuart Stone

Sentenced to 6 years and disqualified for acting as Director for 10 years. Stuart Stone with Gary West and James Whale were ordered to pay a confiscation order totalling £1.36m, to be paid out as compensation.

2016

Section 7(1)

Sweett Group

£1.4m in fine, £851,152.23 in confiscation and £95,031.97 in costs.

2019

Section 1(1) and (3)

Carole Hodson

Sentenced to 2 years and disqualified as Director for 7 years.  Ordered to pay a confiscation order of £4,494,541.46 and £478,351 in costs.

 

  1. How many deferred prosecution agreements have been offered to a company, partnership or unincorporated association since the introduction of the Bribery Act in 2010? Please break this down by year and sections of the Act.

Year

Number of DPAs agreed and pronounced involving bribery related conduct

Company

Bribery Act 2010 section

2014

0

 

2015

1

Standard Bank

Section 7

2016

1

Sarclad

Section 7

2017

1

Rolls Royce PLC

Section 7

2018

0

 

2019

1

Guralp Systems Ltd

Section 7

2020

1

Airbus SE

Section 7

 

Please note details relating to any other charges (under any other Act) which were suspended for the duration of these DPAs have not been captured in the table above.  Please note two further DPAs involving non-bribery related conduct have not been included in the table above. More information on all of the SFO’s DPAs can be found here

  1. How many foreign companies have been prosecuted for failing to prevent bribery even where the bribery takes place wholly outside the UK since the introduction of the Act in 2010? Please break this down by year and section of the Act.

Since the Bribery Act 2010 came into force in July 2011 Airbus SE, which is a French and Dutch domiciled company registered in the Netherlands, entered into a Deferred Prosecution Agreement with the SFO in January 2020.  The indictment, which has been suspended for the term of the DPA, covered five counts of failure to prevent bribery contrary to Section 7 of the Act.

  1. What is the largest fine imposed on a corporate since the introduction of the Bribery Act in 2010.

The largest financial penalty imposed on a corporate in relation to SFO casework, following prosecution, since the Bribery Act 2010 came into force in July 2011, was on the Sweett Group which amounted to £2.25m.  This included £1.4m in fine, £851,152.23 in confiscation and £95,031.97 in costs.

The largest financial penalty in relation to a Deferred Prosecution Agreement which the SFO entered into with a corporate, since the Bribery Act 2010 came into force in July 2011, was with Airbus Group SE where the total was €991m.  This figure includes disgorged profit of €585,939,740, a fine of €398,034,571 and costs of €6,989,401.

More information about our cases can be found on our website at https://www.sfo.gov.uk/our-cases/