ABUSE OF TRUST
An abuse of trust consists of using someone else’s assets in a way not previously agreed with the owner of said assets. For example, using company-provided assets (credit cards, cars, etc.) for personal purposes with no express prior agreement. In France this offence is punishable by 3 years’ imprisonment and a fine of € 375,000.
Concealment is the act of concealing, holding or refraining from disclosing something, while fencing is acting as an intermediary in order to sell or pass something on, knowing that it is the product of a crime or infraction. In France this offence is punishable by 5 years’ imprisonment and a fine of € 375,000.
Corruption consists of procuring an advantage (gifts, hospitality, money, information, etc.) for any public or private person in order to induce them to act or refrain from acting. Corruption can be active (on the corrupter’s part) or passive (on the part of the person being corrupted). In France this offence is punishable by 10 years’ imprisonment and a fine of 1 million euros.
DUTY OF LOYALTY
Signing an employment contract (be it open- ended, fixed-term, an apprenticeship, etc.) binds both the employee and the employer to a duty of loyalty which requires that both parties behave with integrity in the execution of the work.
The duty of loyalty requires the employee to avoid acting in a way that may be damaging to the company. The duty of loyalty is generally linked to a duty of fidelity or confidentiality.
This involves paying money in order to facilitate or expedite an administrative process (e.g. permits), usually to a government official or employee, when such an action is not authorised under normal processes and rules. In many countries, this kind of activity falls under the domain of corruption.
OFFENCE OF FAVOURITISM
Offence of favouritism exists when someone provides or attempts to provide an unfair advantage to someone else by breaking the rules governing the free and equal access to public contracts and public service delegation contracts. In France this offence is punishable by 2 years’ imprisonment and a fine of € 30,000.
Embezzlment occurs when a physical or moral person is tricked into handing over funds, shares or other assets, providing services, or agreeing to certain actions, by the fraudulent use of a false name or identity, by the abuse of an actual identity, or by using methods intended to deceive. In France this offence is punishable by 5 years’ imprisonment and a fine of € 375,000.
UNLAWFUL TAKING OF INTEREST
An unlawful taking of interest occurs when a person with public authority, responsible for a public service mission, or vested with publicly elected powers directly or indirectly takes, receives, or keeps an interest of any kind in a company or concern, while being at the time partly or wholly responsible for the monitoring, running, liquidation or payment of said company or concern. In France this offence is punishable by 5 years’ imprisonment and a fine of € 500,000, or in some cases double the profit made from the crime.
Insider dealing is an offence relating to financial markets. It occurs when a person carries out a stock market operation (purchase or sale) based on information that has not been made public. In France this offence is punishable by 5 years’ imprisonment and a fine of up to 100 million euros.
IMPROPER OR UNFAIR ADVANTAGE
This refers to any kind of advantage or benefit (money, services, gifts, hospitality, etc.) which has no matching equivalent in a legitimate relationship. For example, making payments that do not match the payment required for goods or services.
According to Transparency International (a coalition of which Groupe ADP has been a member since 2008), lobbying is “any written or oral communication between the representative of an interest-group and a public decider intended to influence decision-making”.
MISUSE OF COMPANY ASSETS
The misuse of company assets is an offence that may be committed by company managers who use company goods or credit in bad faith and in the knowledge that their use is contrary to the company’s interests, either for personal gain or to benefit another company or entity in which they have a direct or indirect interest. In France this offence is punishable by up to 5 years’ imprisonment and a fine of € 375,000.
Money laundering is the act of ‘cleaning’ illicit gains (from drug trafficking, theft, fraud or tax fraud, etc.) by funnelling them into legal activities (property, restaurants, etc.). In France this offence is punishable by 5 years’ imprisonment and a fine of € 375,000, and in more serious cases by 10 years’ imprisonment and a fine of € 750,000.
A stakeholder is a person or group of people who can influence or be influenced by the company's achievement of its objectives. Stakeholders can have a direct or indirect relationship with the company. Stakeholders can be internal (managers, employees, directors, etc.) or external (shareholders, partners, customers, suppliers, competitors, and so on).
A whistleblower is a physical person who objectively andin good faith reports or reveals their first-hand knowledge of a crime or offence, of a clear and severe breach of the law or regulations, or of a threat or severe danger to the general community.
The whistleblower is legally protected against all reprisals (e.g. from his or her employer) and all criminal prosecution.