Secret Commissions and Unlawful Benefits in Corporate Procurement and Supply Contracts
Commissions received by a procurement officer from a supplier or contractor without disclosure raise overlapping questions concerning private-sector bribery offences, conflicts of interest, the validity of supply contracts, and disciplinary and civil liability. Not every discount, gift or commission constitutes a crime; nor does an inflated supply price alone prove bribery. The appropriate approach begins […]
Abuse of Authority by a Director or Board Member and Harm to the Company’s Interests
A company may suffer losses as a result of an investment decision made under unfavourable commercial conditions, or sustain similar losses because a director exceeded their authority or entered into a transaction for personal benefit. Although the financial consequences may be alike, the legal characterisation of the two situations differs. This guide examines the rules […]
Misappropriation and Dissipation of Company Funds by a Director or Employee: Legal Liability and Methods of Proof
An unexpected inventory count, a review of bank transfers, or an examination of the accounting system may reveal a shortfall in company funds. The existence of a shortfall alone, however, does not establish a criminal offence: it may result from an accounting error, a financial irregularity, or conduct amounting to breach of trust. Proper legal […]
Financial and Administrative Corruption Within Companies: The Distinction Between Administrative Misconduct, Criminal Offences, and Civil Liability
Not every financial or administrative irregularity within a company constitutes a criminal offence. Equally, the closure of a criminal investigation does not necessarily preclude disciplinary proceedings or a claim for damages. The appropriate legal course depends on the nature of the duty breached, whether the elements of any applicable offence are established, and proof of […]
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