Weekly Digest: 10 February 2020
This week's edition contains two judgments of the Divisional Court and one of the Crown Court. In Director of the Serious Fraud Office v Airbus SE the Crown Court approved...
Deferred Prosecution Agreements and the Tesco outcome
In April 2017, Tesco Stores Limited entered a Deferred Prosecution Agreement with the Serious Fraud Office in respect of one offence of False Accounting. By January 2019, three individuals who...
The House of Lords’ Report on the Bribery Act 2010: A Glimpse Into the Future of Economic Crime?
On 14 March 2019, the Select Committee on the Bribery Act 2010 published its Report in which it makes a number of conclusions and recommendations.1 The Committee was given the task...
UK Anti-Corruption Strategy – one year on
What action has been taken since the launch of the UK anti-corruption strategy in 2017? Simon Ray discusses the ‘year one update’ reviewing progress so far and considers what developments...
Runaway companies: prosecuting a company in its absence
The jurisdiction to prosecute an individual in his or her absence is well established: the court must not proceed unless it is satisfied that the defendant has waived the right...
Mixed messages: is there an inconsistency as to the extra-territorial ambit of disclosure between POCA and the SFO?
On 6 September 2018, the Administrative Court handed down its judgement in the case of the Queen on the application of KBR Inc v the Director of the SFO [2018] EWHC 2368...
Adequate Procedures and the Watchful Eye of the Prosecutor
In a recent speech to the Cambridge International Symposium on Economic Crime (see here), Lisa Osofsky, the new Director of the Serious Fraud Office, concluded a general survey of her...
Case comment: SFO v Saleh [2018] EWHC 1012
In SFO v Saleh, the Court of Appeal ruled in favour of the SFO in an appeal against a property freezing order for £4.4 million. This case illustrates the willingness and...
The Latest Developments in Legal Professional Privilege in Corporate Investigations
In a judgment that will have significant repercussions for internal corporate investigations, and corporates seeking to enter into a Deferred Prosecution Agreement (DPA), the SFO was criticised by the High...
Targeting McMafia, Salisbury and Syria – the Unexplained Wealth Order
Алты́нного во́ра ве́шают, а полти́нного че́ствуют - Laws catch flies but let hornets go free (Russian Proverb) ‘Unexplained Wealth Orders’ (‘UWOs’) came into force on 31 January 2018[1]. UWOs are designed as...