Individuals continue to face risk from prosecutions for economic crime, despite media focus on corporate criminal liability reforms.
Four individuals have today appeared at Westminster Magistrates’ Court charged with fraud...more
10/10/2023
/ Audits ,
Corporate Counsel ,
Corporate Crimes ,
Criminal Conspiracy ,
Criminal Liability ,
Criminal Prosecution ,
Financial Reporting Council (FRC) ,
Financial Statements ,
Fraud ,
Material Misstatements ,
Negligence ,
Personal Liability ,
Serious Fraud Office (SFO) ,
UK
Landmark decision holds that the SFO does not have the power to procure documents from foreign companies outside the jurisdiction.
On 5 February 2021, the UK Supreme Court handed down a highly significant judgment in R...more
2/12/2021
/ Bribery ,
Corruption ,
Discovery ,
Foreign Corporations ,
Government Investigations ,
Jurisdiction ,
KBR (formerly Kellogg Brown & Root) ,
Parent Corporation ,
Serious Fraud Office (SFO) ,
Subsidiaries ,
UK ,
UK Supreme Court
Guidance sets out the SFO’s expectations for investigations but leaves open questions, particularly for cross-border investigations.
On 6 August 2019, the UK Serious Fraud Office (SFO) issued its much-anticipated Corporate...more
8/10/2019
/ Cooperation ,
Corporate Cooperation Credits ,
Corporate Investigations ,
Criminal Investigations ,
Cross-Border ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
New Guidance ,
Privilege Waivers ,
Self-Reporting ,
Serious Fraud Office (SFO) ,
UK ,
White Collar Crimes
New SFO Director reaffirms her intentions and priorities for the agency.
Fifty days have passed since Lisa Osofsky took over at the UK’s Serious Fraud Office (SFO), pledging to be a “different kind” of director....more
New director Lisa Osofsky confirms her focus on cross-border and corporate cooperation.
On 3 September 2018, in her first speech, after only one week as head of the UK’s Serious Fraud Office (SFO), Lisa Osofsky laid out her...more
English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation -
In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more
A new UK policy establishes a commitment to providing victims of overseas bribery with compensation; however, important questions remain that will impact implementation.
The UK’s Serious Fraud Office (SFO), the Crown...more
6/18/2018
/ Bribery ,
Costa Rica ,
Criminal Proceeds ,
Cross-Border ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Just Compensation ,
Proceeds of Crime Act 2002 (POCA) ,
Restitution ,
Serious Fraud Office (SFO) ,
UK
New director Lisa Osofsky’s cross-border and corporate experience may lead the SFO in a fresh direction.
The announcement that Lisa Osofsky has been appointed as Director of the UK’s Serious Fraud Office (SFO) likely...more
The decision indicates that company counsel should consider early how best to anticipate challenges to privilege claims over investigation materials.
Introduction -
A recent English High Court decision has important...more
The English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of...more
Corporations should take steps to ensure their internal investigations are not used against them in English litigation.
A recent decision in an English court could have important consequences for internal corporate...more
Proposed changes to corporate criminal offending should cause corporate dealmakers to review the scope of acquisition diligence, particularly in light of the UK Serious Fraud Office’s (SFO’s) increasing use of deferred...more
“Privilege is a fundamental human right guaranteed by the common law, and a principle which is central to the administration of justice. Once a document is subject to privilege, the privilege is absolute: it cannot be...more
Following a two-year investigation, Tesco PLC has announced that its subsidiary Tesco Stores Limited (Tesco Ltd) had agreed in principle the terms of a Deferred Prosecution Agreement (DPA) with the UK Serious Fraud Office...more
Deferred prosecution agreements (DPAs) became part of the prosecutors’ toolbox in 2014, allowing for settlement instead of bringing a case to trial. Recent statements from the Serious Fraud Office (SFO) indicate an increasing...more