John Binns discusses “Overview of Anti-Corruption and Criminal Law in the Life Sciences Industry” with LexisNexis – White Collar Crime, Anti-Corruption & Fraud

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BCL partner John Binns produced a practice note for LexisNexis on anti-corruption and criminal law in the life sciences sector.

*Here is a short excerpt from the article:

Criminal law can interact in various ways with the life sciences sector. In addition to offenses against the person and drug offences, various “corporate” or “white collar” offenses may be relevant to individuals and businesses, including counterfeiting, criminal cartel offences, money laundering and fraud, as well as corruption. Breaches of the industry’s regulatory regime (including on medical devices, inducements and hospitality) may also result in criminal liability. Enforcement through investigations and criminal proceedings may (but need not) follow.

Mental element and incomplete offenses

For most British criminal offences, guilt is determined by reference to an individual’s state of mind (the ‘mental element’ of the offence). In addition to direct involvement, individuals can be held liable for various inchoate offences.

For more information, see: Mindset—Overview.

Jurisdiction

As a general rule, jurisdiction in UK law is territorial, meaning that only conduct that took place here can be subject to trial and punishment here, although there are exceptions (including for bribery) .

Non-UK jurisdictions have different rules, with the US having jurisdiction, for example, over non-US financial transactions in US dollars.

*This article was first published by LexisNexis in May 2022. If you would like to read the full article, please visit the LexisNexis website.

Please note that you will need a subscription with LexisNexis to access the full article.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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