Further to Professor Alldridge's 'Caffeinated' Article: What 'Stuff' Did the Professor Have in Mind?

Ohio State Law Journal Furthermore, Vol. 73, p. 77, 2012

MSU Legal Studies Research Paper No. 10-27

13 Pages Posted: 4 Dec 2012  

Bruce W. Bean

Michigan State University - College of Law

Date Written: December 3, 2012

Abstract

Professor Peter Alldridge has published The U.K. Bribery Act: “The Caffeinated Younger Sibling of the FCPA,” in the Ohio State Law Journal. He deals with the extraordinary thirteen-year process that finally resulted in the U.K. Bribery Act 2010. Alldridge explains that the “highly politicised” nature of the process accounted for much of the delay.

In this brief Essay, I focus on what actually moved Parliament to act. While the Professor refers to “political happenstance” and explains that sometimes “Stuff, as Mr Rumsfeld reminded us, happens,” Alldridge does not explain any of this Rumsfeldian “stuff”.

After setting out the most significant provision of the Bribery Act, its strict liability corporate crime of failing to prevent a bribe, I utilize the legislative history of the Bribery Act to elaborate on how certain embarrassing events in Britain constituted the “stuff” that led to the elimination of the U.K.’s long-standing forgiving attitude toward overseas bribery.

Keywords: Bribery, Corruption, FCPA, Foreign Corrupt Practices Act, Bribery Act, BAE Systems, Al Yamamah, Alldridge, Alderman, SFO, Serious Fraud Office, corporate crime, strict liability, adequate procedures, foreign official, facilitation, hospitality, Rotten Parliament

Suggested Citation

Bean, Bruce W., Further to Professor Alldridge's 'Caffeinated' Article: What 'Stuff' Did the Professor Have in Mind? (December 3, 2012). Ohio State Law Journal Furthermore, Vol. 73, p. 77, 2012; MSU Legal Studies Research Paper No. 10-27. Available at SSRN: https://ssrn.com/abstract=2184361

Bruce W. Bean (Contact Author)

Michigan State University - College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States
517/432-6920 (Phone)

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