INTRODUCTION
Corruption does not only tempt public officials. It also seduces private individuals. It has been observed that secret commissions, as a form of private sector bribery, ‘are also objectionable as they inevitably tend to undermine trust in the commercial world’. Any society that is serious in establishing itself as a commercial hub will invariably combat corruption aggressively. In several developed economies, it is a criminal offence to commit bribery within both the public and private sectors. This article re-examines bribery in the private sector, specifically, the legal ramifications when a fiduciary accepts a bribe in the course of acting for their principal. The prevailing orthodoxy is that when a fiduciary accepts a bribe, they hold it on an ‘institutional’ constructive trust for their principal …
€ (Westlaw)
Weiming Tan, ‘Bribes, constructive trusts and the Proceeds of Crime Act 2002’ (2024) 140 Law Quarterly Review 356-380 (July 2024).
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