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22 November 2007 / Tom Epps
Issue: 7298 / Categories: Features , Criminal
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Crossing the pond

Tom Epps highlights the increasing Americanisation of UK corporate crime investigations

The ongoing BA/Virgin cartel case sharply brings into focus the strong influence that US law enforcement agencies have imposed on corporate crime investigations in the UK. The influence of the US can be seen in both the investigative methods adopted by law enforcement agencies here, and more obviously in relation to the prospect of extradition to the US for the four former BA directors.

US-STYLE INVESTIGATIONS

Historically, the UK law enforcement agencies have been reluctant to grant immunity against prosecution to those who have admitted offences, even though they are willing to give evidence against others. The UK criminal courts have generally viewed any evidence of an accomplice with scepticism on the basis that they may simply seek to serve their own ends by providing evidence against others.

The US law enforcement agencies have traditionally favoured the practice of using those who admit offences to provide evidence against others in exchange for a substantially reduced sentence or immunity for the whistleblower.

The US Department of Justice (DoJ) has used the leniency and immunity

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
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