Southerntakeover
Too Sweet
We don't know that it isn't in writing, but I suspect it is the mistake Trigg has made in all of this.
Well, no.
If we were aware of an illegal term (just leaving aside who authorised it from the beginning), we would have had a duty to disclose it at the point we became aware. Forming the illegal contract is the original offense (or so I believe?). It may mitigate the extent of the wrong doing though.