The Serious Fraud Office ("SFO") is in a robust, and collaborative, mood. Three months after jointly announcing the formation of a new International Anti-Corruption Prosecutorial Taskforce (the "Taskforce"), the UK's premier...more
More than a decade ago, the concept of the Deferred Prosecution Agreement (DPA) became part of UK law. Ever since, there has been considerable uncertainty as to exactly what conditions a company needs to meet in order to be...more
A new anti-bribery and corruption alliance among enforcement authorities in the UK, France and Switzerland sends a clear message to corporates that any pause in enforcement of the US FCPA does not mean that acts of bribery by...more
Much has been made of the Supreme Court's decision earlier this month in KBR, Inc. v Director of the Serious Fraud Office, in which it confirmed the limits on UK authorities' reach overseas in anti-corruption investigations....more
2/24/2021
/ Criminal Investigations ,
Criminal Justice Act ,
Extraterritoriality Rules ,
Financial Crimes ,
Foreign Corporations ,
Foreign Jurisdictions ,
KBR (formerly Kellogg Brown & Root) ,
Multinationals ,
Serious Fraud Office (SFO) ,
UK ,
UK Supreme Court
The SFO faced a challenging 2019, with some high-profile acquittals, dropped investigations and new cases which were widely perceived as relatively underwhelming. We look back at the last 12 months, and set out what might be...more
1/8/2020
/ Acquittals ,
Barclays ,
Civil Liability ,
Corporate Crimes ,
Corporate Executives ,
Corruption ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
Evidentiary Standards ,
Fraud ,
National Crime Agency (NCA) ,
Serious Fraud Office (SFO) ,
UK
The approach of the Serious Fraud Office (the “SFO”) to compelled interviews is a longstanding source of frustration for criminal defence lawyers. The beginning of Lisa Osofsky’s tenure as Director and the introduction of...more
11/21/2019
/ Corporate Counsel ,
Corruption ,
Criminal Investigations ,
Criminal Justice Act ,
Fraud ,
Interviews ,
Legal Professional Privilege ,
Legal Representatives ,
Motion to Compel ,
Privileged Documents ,
Serious Fraud Office (SFO) ,
UK
Is there a point at which co-operation becomes capitulation? Is there a danger inherent in co-operating without the guarantee of a favourable outcome for doing so?...more
Many will be aware of Agatha Christie's popular and much-adapted tale involving a witness for the prosecution whose evidence is undermined. But, in the real world, last month we saw the latest discrediting of an expert...more
An informant is sent into the midst of a criminal gang. He is wearing a concealed device, crudely taped to his chest. Law enforcement agents listen in from the back of an unmarked van parked inconspicuously nearby hoping to...more
6/14/2019
/ Covert Human Intelligence Source (CHIS) ,
Criminal Investigations ,
European Convention on Human Rights ,
Evidence ,
Immunity ,
Informants ,
Organized Crime ,
Regulation of Investigatory Powers Act 2000 (RIPA) ,
Sentence Reduction ,
Serious Fraud Office (SFO) ,
Serious Organised Crime and Police Act 2005 (SOCPA) ,
UK ,
White Collar Crimes ,
Wiretapping