India’s Central Bureau of Investigation (CBI) recently launched an investigation into alcoholic beverage company Diageo’s Scottish subsidiary and Sequoia Capital, a U.S.-headquartered venture capital fund, over alleged bribery activities that took place nearly 20 years ago. The allegations suggest that, in 2005, Diageo’s Scottish subsidiary bribed a public official by paying $15,000 disguised as consulting fees to a business controlled by the official.

Lawyers in the U.S. and the UK, along with Corporate Investigations & White Collar Defense partner Audrey Koh, suggest that the enforcement risk is minimal.

“I don’t think they would get involved as it doesn’t meet the [Serious Fraud Office’s] criteria or thresholds for investigation, especially if the sums are what we think they are,” said Koh, who previously worked at the agency.

She noted that the value of Diageo’s sales in India at the time of the alleged bribe could influence the SFO’s interest in the case, potentially indicating the extent of any benefit the company may have gained.

“Obviously, if the benefit derived from the bribes is in the millions, then that could potentially get the attention of the SFO,” she added. However, as Koh pointed out, with the SFO’s resources “already very thinly stretched,” Diageo’s primary risk is reputational.

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