Corruption and Misuse of Public Office, 4th Ed | 2024

Corruption and Misuse of Public Office, 4th Ed | 2024

Overview of Corruption and Misuse of Public Office, 4th Ed :

This thoroughly revised edition offers an updated and comprehensive analysis of the critical and timely subject of corruption and the misuse of public office. It clearly and accessibly outlines UK law concerning corruption while also providing detailed coverage of anti-corruption measures in various overseas jurisdictions. 

The book serves as a complete guide to the legal issues surrounding corruption cases, including the recovery of proceeds from corruption under both criminal and civil law. It also offers an in-depth examination of the initiatives aimed at combating corruption and promoting good governance across both the public and private sectors. 

Authored by leading practitioners with extensive international experience in handling corruption cases, this work is highly informative.

New to this Edition:
- Provides a thorough discussion of new anti-corruption legislation introduced since 2017 and recent developments in arbitration cases involving corruption allegations.
- Features specialized sections on whistleblowing, and the investigation and prosecution of corruption.
- Explores the growing focus on beneficial ownership transparency and the establishment of public beneficial ownership registers.
- Examines recent progress in asset recovery, particularly in addressing money laundering by kleptocrats.
- Reviews the role of the World Bank and other multi-lateral development banks in addressing corporate corruption through administrative investigations, sanctions (such as debarments), and corporate integrity compliance.
- Analyzes Deferred Prosecution Agreements (DPAs) and corporate settlements.
- Assesses the impact of Brexit on international cooperation in corruption-related cases and evaluates the effects of the COVID-19 pandemic on corruption standards in public office.
- Critically evaluates the implementation and effectiveness of the United Nations Convention Against Corruption (UNCAC) and other related review mechanisms.

Description of Corruption and Misuse of Public Office, 4th Ed :

The fight against corruption and the misuse of public office is ongoing. This fourth edition of an authoritative work is designed to provide legal practitioners and anti-corruption advocates with the latest tools and guidance to combat corruption in the UK and worldwide.

Thoroughly revised and updated, the book covers relevant case law and recent developments in both domestic and international contexts. Its comprehensive coverage includes sector-specific initiatives, expanded discussion of the Foreign Corrupt Practices Act (FCPA), civil and criminal methods for recovering the proceeds of corruption, and new material on setting standards in both public and private sectors. In addition to detailed UK coverage, this edition also examines laws and regulations in countries such as China, Canada, the UAE, and developing nations like Kenya and Nigeria. It explores the widening scope of corruption, its connection to public integrity, and the growing focus on lobbying and open government initiatives.

Authored by leading practitioners with vast experience in handling corruption cases, the book offers a clear explanation of current laws and addresses both legal and practical challenges in investigating and prosecuting corruption cases. It also includes specialized content on recovering corrupt proceeds.

Given that corruption cases often involve multiple jurisdictions, the book equips practitioners with an in-depth analysis of international efforts to fight corruption and highlights legal developments in key regions, including those covered by the UN, EU, OECD, Commonwealth, and other regional anti-corruption initiatives.

Contents of Corruption and Misuse of Public Office, 4th Ed:

1:Responding to Corruption and Misuse of Public and Private Office

Part I Criminal Law
2:Corruption Offences Before 2011
3:The Bribery Act 2010
4:Guidance on 'Adequate Procedures'
5:Misconduct in Public Office
6:Other Offences involving Corruption
7:Investigation and Prosecution of UK Corruption Cases

Part II Asset Recovery
8:Asset Recovery under the Proceeds of Crime Act 2002
9:Civil Actions and Remedies
10:International Case Studies

Part III Standard Setting in the Public and Private Sectors
11:Regulation of Public Life I: Parliament
12:Regulation of Public Life II: The Judiciary, Civil Service, Local Government and NDPs
13:Standard Setting in the Private Sector
14:World Bank and other MDB Investigations into Corruption and Mutual Cross Debarment

Part IV International and Regional Anti-Corruption Initiatives
15:The United Nations Convention against Corruption I
16:The United Nations Convention against Corruption II
17:Council of Europe and European Union Anti-Corruption
18:OECD Anti-Corruption Initiatives
19:Other regional and International Anti-Corruption Initiatives

Part V Corruption Laws of Other Jurisdictions
20:United States: Legislation and Action
21:Common Law Jurisdictions
22:Civil Law and other jurisdictions
23:Offshore Financial Centres

Part VI The Role of Civil Society
24:The Contribution of Civil Society Organisations in Strengthening Good Governance and Preventing Corruption

About the authors:

Colin Nicholls KC is a leading international criminal lawyer at 3 Raymond Buildings, known for his expertise in complex commercial crime, extradition, mutual legal assistance, human rights, and war crimes. He has contributed to various advisory bodies, including the Law Commission's informal group on bribery and the Joint Parliamentary Committee on the Bribery Bill. He also advised on reforms related to misconduct in public office and was involved in drafting Commonwealth Anti-Corruption Benchmarks. A part-time judge and Honorary Life President of the Commonwealth Lawyers Association, Nicholls has played a significant role in anti-corruption initiatives.

Alan Bacarese is the Director of Investigations, Strategy, and Operations at the World Bank Group, where he leads probes into fraud, corruption, and other sanctionable practices. Previously, he was Director of Integrity at the African Development Bank, Senior Crown Prosecutor in the UK, and the first Head of Legal and Case Consultancy at the Basel Institute's International Centre for Asset Recovery. Bacarese is a UK Barrister and co-author of *Corruption and Misuse of Public Office*.

James Maton is the Head of Disputes and Public International Law at Cooley's London office and serves as the firm’s Money Laundering Reporting Officer. He advises corporations and governments on multi-jurisdictional disputes, anti-corruption investigations, and compliance programs. Maton has been instrumental in helping governments recover proceeds of corruption and served on Transparency International UK's Taskforce, which led to the introduction of Unexplained Wealth Orders in the Criminal Finances Act 2017.

John Hatchard is Professor Emeritus of Laws at the University of Buckingham and a Professor of Law at the United Nations International Anti-Corruption Academy in Vienna. He has lectured at universities around the world, including in Australia, Zambia, and Zimbabwe, and has published extensively on criminal law, human rights, and governance, with a focus on the Commonwealth and Africa.

Rachel Scott, a barrister at 3 Raymond Buildings in London, specializes in financial and corporate crime. She represents both individuals and companies under investigation for fraud, corruption, money laundering, and anti-competitive practices. Scott also prosecutes for the Serious Fraud Office and has extensive experience in international law, extradition, and mutual legal assistance, having appeared in major cases before the Supreme Court, Privy Council, and European Court of Human Rights.