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
