FIFA allegations throw bribery legislation into sharp focus

ALLEGATIONS of corruption by members of FIFA’s executive committee have thrown into sharp focus new bribery legislation, a leading Birmingham lawyer has said.

World football governing body FIFA is to probe allegations that two of its officials were offering to cast their votes in favour of a certain bid in return for cash.

Mark Surguy, legal director and head of fraud at Pinsent Masons, said: “Just as businesses are reviewing their anti-corruption policies in anticipation of the coming into force of the Bribery Act 2010 in April next year, allegations of corruption on the part of FIFA officials have hit the headlines.  
 
“Whilst the allegations in question appear to be confined to African members of the executive committee and do not concern our bid, there are a number of interesting features in the case.”
 
He said both under the existing law and the law the Bribery Act 2010 will introduce, acts carried out overseas could be prosecuted in the UK if the bribery complained of still constituted bribery if carried out on home ground.  

“The only condition is that the individuals involved should have a close connection with the UK.  That condition looks as though it may not be satisfied in the world cup bid case,” he said.
 
Mr Surguy said FIFA had a code of ethics which banned officials from accepting bribes and the rules of conduct for World Cup bidders also prohibited the various national football associations as well as individuals on the bid committee from giving gifts or other benefits.

“No doubt UK companies will have very similar gifts and entertainment policies and other procedures in place to prevent bribery and corruption.  

“The Bribery Act 2010 will criminalise not just accepting bribes but also asking for them, giving them or even just offering or promising them. Having the words in a document is never enough by itself of course to prevent bribery from occurring, as the world cup case illustrates.

“What we can expect to see now is a quick, thorough and transparent internal investigation by FIFA in to the facts and clear remedial action if the allegations are found to be true,” he said.  

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