Corruption and Misuse of Public Office

by Nicholls QC, Colin; Daniel, Timothy; Bacarese, Alan; Hatchard, John

• ISBN13: 9780199577279
• ISBN10: 0199577277
• Edition: 2nd
• Format: Hardcover
• Copyright: 2011-10-15
• Publisher: Oxford University Press

Summary

The law and practice relating to corruption and the misuse of public office is of increasing topical importance. The first edition 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 covers all major developments since the publication of the first edition, including the Bribery Act 2010; the US Foreign Corrupt Practices Act; the United Nations Convention Against Corruption; current revision and implementation of anti-corruption legislation in a number of important jurisdictions; and changes to the area of mutual legal assistance and civil recovery. 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, and whistleblowing. 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 important regional initiatives.

Author Biography

Colin Nicholls QC of 3 Raymond Buildings is a leading international criminal lawyer specializing in complex commercial crime cases including corruption, extradition, and war crimes. He acted for the defense in the Guinness case, Brent Walker, and BCCI, and gave evidence to the Parliamentary Joint Committee on the Bribery Bill. He has been a part-time judge, and is Honorary Life President of the Commonwealth Lawyers Association.

Tim Daniel is a Litigation Partner at Edwards Angell Palmer & Dodge UK LLP. He has extensive experience of major civil cases concerned with corruption and asset recovery, on which he has written and spoken widely. He is the former Honorary Treasurer of the Commonwealth Lawyers Association, and is Honorary Joint Secretary of the British Branch of the International Law Association.

Alan Bacarese is Head of Legal and Case Consultancy at the International Centre for Asset Recovery, Basel Institute on Governance.

Professor John Hatchard is Professor at the Open University, School of Law and Vice-President of the Commonwealth Legal Education Association. He has written widely on criminal law, human rights, and good governance issues.

Table of Contents

1. The Meaning and Scope of Corruption
PART I: CRIMINAL LAW
2. Corruption and Related Offences before 2011
3. The Movement for Reform
4. The Bribery Act 2010
5. Guidance on Adequate Procedures
6. Misconduct in Public Office
7. Investigation, Prosecution, and Sentencing in Corruption Cases
PART II: CONFISCATION AND RECOVERY OF ASSETS
8. Criminal Confiscation and Civil Recovery
9. Civil Actions and Remedies
PART III: INTEGRITY IN PUBLIC LIFE
10. Regulating Conduct in Public Life
PART IV: INTERNATIONAL AND REGIONAL ANTI-CORRUPTION INITIATIVES
11. United Nations Convention Against Corruption (Part I)
12. United Nations Convention Against Corruption (Part II)
13. OECD Convention on Combating Bribery of Foreign Public Officials
14. European Anti-Corruption Initiatives and Instruments
15. Other International Initiatives
PART V: CORRUPTION LAWS OF OTHER JURISDICTIONS
16. The Investigation and Prosecution of Foreign Corruption in the United States
17. Common Law Jurisdictions
18. Civil Law and Other Jurisdictions
19. Offshore Financial Centres
PART VI: THE ROLE OF CIVIL SOCIETY
20. The Role of Civil Society Organizations in Combating Corruption
Appendices