• Bribery and Corruption

    How to deal with bribery and corruption so your organisation and executives

    can survive and recover from a bribery crisis.

  • Shock

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    From the moment that you suspect your company, colleagues, business partners or clients are potentially facing a bribery or corruption crisis, the clock is ticking. Complying with the law and co-operating with an investigation is one stark and obvious consideration. But how will the business, organisation, shareholders, and customers be protected from the potentially devastating consequences? What can you do and how will you manage the situation? Most business leaders and investors have not faced, nor expected to face, a crisis like this.

  • Cold reality

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    One CEO reflected 

    “When concerns became suspicions my realisation was that I needed to understand who knew what, and when they knew it. In short – who could I trust? I moved, in a instant, from a familiar role leading a business, to an entirely new world – more like being in the plot of a spy story. It was surreal, cold,  feeling. I did not realise it then, but that realisation was just the beginning of a series of unexpected events, surprises, and dilemmas. And it was very, very lonely.”

  • Paralysis

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    The first steps are the hardest, and decisions taken then set the scene. Some may choose to cover up the problem, and hence perhaps become part of it. Others may be in denial – perhaps not seeing the truth and allowing practices to continue, increasing risks for themselves and the organisation. Others may seek a compromise, to limit damage. Others wrestle with what they believe is a moral dilemma. Most managers do not realise that as soon as their suspicions form, they lose direct control of the situation. They must now act, decisively and overcome paralysis and confusion.

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    Next steps

    Goodhind Bullard use experience of actual cases. There are three elements:

    • Prevent - educate stakeholders.
    • Protect -  processes and attitudes.
    • Survive the crisis.

    Experience is collected in Ten Survival Principles

    Action makes a difference

    Organisations and business leaders can prepare, so they are able to deal with the bribery or corruption threat, reflecting these three elements. Ideally key executives and stakeholders should first be educated and then establish  processes which prevent and pre-empt problems. 

     

    Sometimes the problem cannot be prevented or pre-empted. Malpractice may have happened years before. The current business leaders may have to come to terms with that, live with the consequences, and solve the toxic inherited problems. There are ten principles for surviving a bribery or corruption crisis. 

    Expertise based on experience 

    Advice must match an organisation’s maturity and the level of awareness of managment, to provide senior executives and stakeholders with the rationale, tools and understanding needed to assess and mitigate the bribery and corruption risk and, if necessary, to resolve live issues.  There are operational, business, and personal implications of the crisis for the board, the executive team and the organisation. 

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    Prevent

    Understanding the threat

    Making the case for Prevention

    • Executive briefings, for boards and investment teams, in short high impact sessions, about the nature of the bribery and corruption threat.  
    • Realistic exercises, to begin a change in attitude, using the dilemmas of a bribery or corruption crisis, to understand the impacts and how to mitigate the consequences. 
    • Effective due dilligence - either as part of an acquisition process or as a follow up or audit, is a key part of prevention.

    Exercises for executive and investment teams

    Goodhind Bullard recommend “wargame” experiences, challenging a business leadership and investment team with a fast-paced, realistic, crisis, with realistic role play and materials.

     

    These are both team building and training events.

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    Protect

    Measures to protect the organisation

    Protection can be built

    Businesses leaders must determine the nature of the threat, then design, create and implement a robust formal anti bribery and corruption Policy. After that processes and effective training must be established to mitigate the threat. Protection must be proportionate and reflect the threat, current capability and the practical resource limits the organisation faces. The plan should include a staged action programme. 

    Training

    As part of a protection plan, or stand-alone, engaging training about ABC legislation, the ABC policy and the reality of law enforcement should be organised. The aim is to pre-empt the problem, providing confidence and tools to deter or detect existing corruption, and appropriate and affordable actions that can be taken. Other protective measures can be taken: for example insurance, ensuring the business has cover to manage a crisis. 

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    Survive

    Bribery suspected, an investigation starts

    The crisis can be managed

    If bribery or corruption is identified and investigations begin, Goodhind Bullard can ensure that the management team can manage the crisis and ensure survival. Expetise is based on direct experience. This is delivered as advice, coaching and direct on-site support, if required.

    Coaching key executives

    A vital and underestimated factor is the ability of business leaders to manage such an unfamiliar and disturbing situation. Some may stay to see it through, some may run. A criminal crisis creates a unique experience - including extreme stress. Leaders will benefit from informed and experience based coaching to manage their organisation through a criminal process, ensuring the organisation as a whole will survive the crisis and continue to perform.

  • Key elements of a survival plan  

    A check list of the elements of a survival plan

    Immediate actions

    • Formulating a rapid action survival plan
    • agreeing and maintaining a sustainable survival strategy
    • Budgeting for the crisis
    • Managing relationships with individuals from customers or within the firm who are personally involved in the investigations

    Leading the team

    • Re-shaping and briefing the management team.
    • Managing internal communications with staff
    • Ensuring the executive team can personally deal with the pressures and uncertainties
    • How to manage the stress of dealing with criminal investigations

    Proactive stakeholder management

    • Preparing and executing a proactive customer communication plan
    • Planning and managing a key customer briefing process
    • Managing bilateral external communications with key suppliers, channel partners, banks and loan providers 
    • Managing relationships with shareholders, investors and funding bodies who may be affected by the crisis

    Supporting law enforcement

    • Selection and engagement of appropriate advisors for the organisation
    • Selection and engagement of advisors for individuals
    • Selecting e-discovery tools or specialists 
    • Identification and recruiting interim resources.
    • Locating and gathering potential evidence
    • Evaluating and processing potential evidence
  • Client References

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    Protect

    A very engaging presentation, which drew the audience into the story very effectively. We received only strongly positive feedback from our clients and collagues who attended, which included in-house investigators and lawyers, and specialist M&A lawyers, who were especially interested in the implications and learnings for conducting due diligence processes.”

    Partner, Global Law Firm

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     Prevent

    As we grew our business internationally, working with an ever wider range of clients and business partners, we engaged Goodhind Bullard to define our requirements to meet ABC laws in the countries in which we operate, and to prepare our ABC policies and controls. Having completed that work we are confident that we are fully compliant with our obligations.

    Managing Partner, UK and US based global design company.
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    Survive

    "When the crisis became apparent and the Board realised the threat to our survival, Goodhind Bullard’s role was a key part of the response to the corruption crisis. Their work covered all aspects of our response, over several years. Goodhind Bullard made a major contribution to the Group’s survival."

    CEO, UK High-tech manufacturing company serving global markets
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    Prevent

    "The whole investment team at all levels found the experience sharing workshop about corruption fascinating. The session overran because there were so many questions. The story and content were thought provoking and engaging - and highly relevant for our people and business. One participant said “… at least now I don’t need to see the movie!”. 

    Managing Director UK Private Equity Partnership

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    Prevent

    "Our London office team took part in the well-structuredand fast-moving interactive workshop session for 20+ colleagues. We found the story of how the bribery crisis evolved fascinating and thought provoking. The challenge of “what would you do now?” stimulated lively debates. The case study included difficult moral and business dilemmas and revealed a new dimension of the responsibilities of management, which more senior executives need to be aware of and prepared for. The presenter has an engaging, energetic style that captures everyone’s interest from the start." 

    Partner, international board and executive search firm.
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    Prevent

    Our whole team attended the session and were highly engaged with the story of the cases, and how events unfolded. This was of great value as a live example, of the risks and consequences of bribery, the importance of careful and informed due diligence and of how to manage a serious compliance “crisis”. The well-presented participative workshop was compelling and high pace and showed the speaker’s impressive expertise and experience.

    Partner, leading western European focussed Private Equity firm.
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    Prevent

    The team loved the Session, and we were full of admiration for how the presenter told the story and the way the situation was managed. There were many questions for the presenter afterwards and we continued informally for over an hour. Later when alone as an executive team we talked for ages about the story, how it must have felt, and how it happened. It made us think about our own culture, and the measures we have in place. While we felt we had protection against the specific risk described in the Session, we realised that we should think more widely about comparable threats. A very worthwhile exercise.

    Finance Director, international high-tech instrumentation company.

  •  

     Author

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    Chris Potts

     

    Chris has led international businesses for over 20 years at CEO and Board Chair level.

     

     

     

  • Contact 

    For informed, practical, guidance on prevention, protection and survival

  • Download the Ten Survival Principles