Aziz Rahman outlines why allegations of corruption in

football should act as a warning to everyone in business about the need to

prevent wrongdoing.

It was recently reported that FIFA was investigating the

terms of the deal that saw Paul Pogba move from Juventus to Manchester United

for £89M; making him the world’s most costly player.

At the same time, the former head of Guatemalan football has

admitted his part in a bribery scandal that has seen more than 40 people

charged. And allegations persist about the role bribery may have played in

securing the next two World Cups for Russia and Qatar, respectively.

Football is a global game and a massive, money-making

industry. It is, however, not unique in being vulnerable to bribery. Bribery is

an issue that affects all types of business in all parts of the world.

Many such businesses do not have the excitable media

coverage that accompanies “the beautiful game’’. But everyone in business needs

to look at the issue of bribery, wherever it has been reported and ask

themselves some pertinent questions:

How did that organisation or individual find themselves in

such trouble?

What could they have done to prevent it happening to them?

What approach should someone take if they end up in such a

situation?

If you know the answers to the first two questions, the

chances are that you already know the answer to the third.

Worldwide

While the football allegations hog the headlines, they do at

least illustrate one point very clearly: that an international approach is being

taken to corruption more than ever before. It is often the case that bribery

and corruption extends beyond one country’s borders. The allegations of FIFA

corruption involve many countries while the Pogba transfer involves an English

club, an Italian one, a French player and his Italian-born Dutch agent.

This is reflected in legislation. For example, the UK’s

Bribery Act gives the power to prosecute a company with a UK connection for any

bribery-related activity that has been carried out in its name anywhere in the

world. This Act can make a senior figure in a company personally responsible

for the bribery. With punishments including assets seizure, unlimited fines and

up to 10 years in prison, this is a responsibility that all people in business

have to be aware of.

Which brings us to a blunt answer to the first question that

we posed above. People and organisations find themselves in trouble over

bribery because they are unable or unwilling to monitor the way their personnel

operate in the UK and abroad.

This is not only careless, it is extremely dangerous. If

those in business want to avoid running the risk of the punishments available

under the Bribery Act, they need to design out the problem. This means taking

careful, considered steps to reduce the potential for anyone within a company

to indulge in bribery and corruption. This is also the answer to the second

question.

Potential

Companies have to examine what areas of its activities offer

the possibility for bribery and which of its management, employees or

representatives could be vulnerable to either the giving or receiving of

bribes. Procedures must then be amended or introduced to ensure that the

organisation’s working practices no longer offer such potential for corruption.

Such changes can be made to:

other companies and their representatives.

raise those suspicions.

necessary, acted upon.

Advice

Such procedures do not have to be immensely detailed or

complex. Yet it is possible that some people reading this may feel they would

not know where to start when it comes to designing out the potential for

corruption.

Specialist legal firms, such as ourselves, regularly advise

companies and organisations here and abroad on how to prevent corruption. Advice

is available for the companies and organisations that want to be bribery proof.

There is an argument that is often made that bribery is an integral

part of doing business in certain parts of the world. Those making this

argument often add the claim that if you can get away with the bribery you

shouldn’t see it as a problem.

It is an argument that has been made (and agreed with) by

many over the years. But it seems to seem less and less convincing with each

passing year. For example, it may not have many supporters in FIFA at the

moment, as investigators go through years of its paperwork and computer

records. And it will probably find little backing at Rolls-Royce,

GlaxoSmithKline, Siemens, Petrobras or any number of major companies who have

become the subject of major bribery investigations in recent years – many of

which relate to allegations dating back years or even decades.

It is doubtful whether people in such organisations still

believe – if they ever did – that bribery is an important part of business that

never brings legal problems.

Investigations

In such a situation, the third question we asked earlier in

this article needs to be answered. An investigation

can cost you time, money and your reputation. It is in your interests to

minimise the chances of you being investigated by taking the steps already

mentioned.

But if you or your company is investigated, you must have

access to the right legal advice. This cannot be a knee-jerk reaction whereby

you use your in-house lawyer, if you have one, or the nearest local solicitor.

You need to be using specialists in business crime cases who

are used to dealing with organisations such as the Serious Fraud Office (SFO),

National Crime Agency (NCA) and Financial Conduct Authority (FCA). They can

anticipate what questions are likely to be asked and what evidence can be

produced to rebut allegations or minimise the scope of the investigation.

If you do find yourself in such circumstances, you need a

legal team that is capable of mounting a robust and proactive defence and

challenging the allegations being made.

This involves ensuring investigators do not exceed their

legal powers when carrying out raids, making sure the person under investigation

has full access to all relevant material that could be used as evidence and mounting

every possible challenge to the claims that are being made by investigators.

In such cases, going on the attack can be the very best form

of defence.