We commented in a recent litigation blog post on the Court of Appeal's consideration in R v Sale [2013] EWCA Crim 1306 of the relevant test for piercing the corporate veil in a confiscation case. In this e-bulletin we consider other corporate crime aspects of this case, namely the Court of Appeal's consideration of how the criminal property obtained from a corrupt contract should be quantified when the court makes a confiscation order. In the circumstances, the Court of Appeal found that a confiscation order should be made in respect of the profit earned by the company on the contract, rather than the total sum paid to the company under the contract; ordering confiscation of the total turnover of the contract was disproportionate on the facts of the case.
This is a significant issue in many corporate corruption cases where bribes are paid to obtain or extend contracts. The case is also an interesting example of a conviction for the provision of gifts and hospitality to the value of £7,000.
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