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
Five years ago, in the spring of 2014, Deferred Prosecution Agreements ('DPAs') were first introduced in the UK through the Crime and Courts Act 2013 ('CCA').1 Since then, the Serious Fraud Office ('SFO') has concluded four...more
5/11/2019
/ Conspiracies ,
Corporate Counsel ,
Corporate Crimes ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
Immunity ,
Serious Fraud Office (SFO) ,
Serious Organised Crime and Police Act 2005 (SOCPA) ,
Shareholder Rights ,
UK ,
UK Bribery Act ,
UK Criminal Finances Act 2017
On 6th December 2018, the trial of two Tesco executives accused of false accounting collapsed. The judge concluded that the SFO's evidence, taken at its highest, was such that a jury could not properly convict. The SFO...more
2/4/2019
/ Accounting Fraud ,
Acquittals ,
Corporate Crimes ,
Corporate Executives ,
Deferred Prosecution Agreements ,
Failure to Prevent ,
Jury Trial ,
Lack of Evidence ,
Serious Fraud Office (SFO) ,
SFO ,
UK ,
UK Bribery Act ,
UK Criminal Finances Act 2017