On 25 September 2015, the Crown Office and Procurator Fiscal Service, the Scottish independent public prosecutor, announced that Brand-Rex Limited (Brand-Rex) had paid £212,800 in settlement of a breach of the Bribery Act 2010 (the Act) following a self-report.
The case arose from the misuse (by one of Brand-Rex’s associates) of a legitimate incentive scheme. Although it was not itself directly involved in the misuse of the scheme, Brand-Rex accepted that it was in breach of section 7 of the Act, the offence of failing to prevent bribery. The settlement reached was based on the gross profit earned as a result of the misuse of the incentive scheme.
This is the first instance of a company reaching a settlement with authorities for failing to prevent bribery and underlines the importance of monitoring associates acting on behalf of organisations.