The naughty list: A festive bribery reminder

By Jake Plenderleith, 15 December 2025

The festive season is well and truly underway, and with it the often-thorny task of giving and receiving gifts and accepting (or declining) invitations to parties and events.

With generosity at peak levels, now seems as good a time as any to reiterate the potential risk of bribery.

Naturally, it’s easy to get swept up in the seasonal good cheer. But not all invitations or gifts are given freely; some have strings attached which, if accepted, could put your organisation at risk of censure.

Yuletide bribe

Bribery involves offering, promising or giving an advantage (financial or other) to an individual to induce that individual to perform an improper action.  

Of course, the offer of a gift or hospitality can be legitimate business practice, fostering strong and fruitful business relationships. But a very important line exists which divides appropriate business practice and illegal activity.

There is a risk that a number of potential offences could be committed where gifts and hospitality are concerned.

High-profile corruption cases involving senior executives and government officials understandable receive the most media coverage, but it’s crucial to remember that risks do not relate solely to corruption at the highest levels. Every individual within a firm, no matter its size, is susceptible to being offered a bribe. 

A recent case in the United States offers an instructive example that bribery convictions can be secured, no matter how small the figures involved. Kiyoshi Toi, a 92-year-old architect, was convicted in November of bribery after offering a $20 sweetener to a permit worker. [1]

Despite Toi’s age and the relatively small amount of dollars involved, Judge Kevin Souza found Toi guilty, pointedly remarking that the ‘amount of money… does not matter’. 

Toi’s conviction illustrates that the age of the offender and the amount of money offered are of no relevance; what matters is the intention behind the giving of a gift. 

Checklist

Improper relationships between suppliers and buyers – including the giving of gifts of tickets to sports events, holidays, jewellery or the provision of services designed to influence another to behave outside their normal practice – are equally to be discouraged.

If you are offered, or are offering, gifts or entertainment this festive period then there are a number of factors to be kept in mind.

1. Is the gift appropriate? Is the annual bottle of wine a festive tradition, or is the expensive bottle of Champagne intended to ‘sweeten up’ a client who hasn’t quite made up their mind where to direct their business?
2. Have you read your company’s internal policies and procedures? Who should you disclose the gift/entertainment too? Does it require referral to the compliance team? Does your line manager need to approve it? Are there limits to what you can give or receive?
3. Does your company keep a record in a gift register?
4. Is the gift in exchange for something? This could include favourable or preferential treatment.
5. Is the timing appropriate? A seemingly innocent gift offered during a tender process could be seen in a different light. 
6. Is someone hiding a gift or keeping an invitation secret? This should be a clear red flag.
7. What would others think of a particular gift? Would it cause embarrassment if the media found out? What would a competitor think? 
8. Is the gift or hospitality intended for a public official? The laws relating to bribing a public official are more strident, and extra caution should be taken if a gift is intended for a politically exposed person (PEP).
9. Do you understand the bribery and corruption laws in the jurisdictions within which you operate? Such laws can vary by jurisdiction.

Asking yourself these questions before offering or receiving gifts and hospitality will give you a better foundation for making decisions as we enter the gift-giving period.