Dealing with any ongoing acts of bribery/corruption
When dealing with any ongoing acts of bribery/corruption:
- consider whether it is necessary to take any immediate steps to cease any ongoing conduct likely to form part of the investigation. Conduct committed by employees as well as by external contractors (such as agents) should be considered
- consider the possible criminal and other risks associated with terminating and, alternatively, not terminating that conduct. Where the investigation has not previously obtained external legal advice, consider whether discrete criminal law advice at this stage is appropriate
- where it is decided that specific conduct needs to be terminated, consider the possible options for effecting that termination and the risks of each. Specifically, consider whether there are contractual restrictions on termination and whether these are likely to give rise to claims against the business
- consider the position of individual employees in connection with ongoing conduct, specifically where they have connections with any agents or third parties whose contracts are being terminated
