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15 March 2023
Issue: 8017 / Categories: Legal News , Fraud , Criminal
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Failings at the Serious Fraud Office

The G4S fraud trial collapse is the latest in a ‘catalogue of failings’ at the Serious Fraud Office (SFO), lawyers have warned.

The SFO failed to offer evidence against three former G4S executives at the Old Bailey last week after a ten-year investigation into allegations of fraud in connection with electronic tagging services. The three were charged in September 2020, two months after the SFO made a deferred prosecution agreement with G4S, under which G4S agreed to pay £38.5m plus costs of £5.9m.

The three former G4S executives have been acquitted of all charges.

Sean Curran, partner at Arnold & Porter, said the SFO ‘needs to be given significant resources to be invested into disclosure, training and retention if the public is to have confidence in its prosecutions in the future’.

Iskander Fernandez, partner at Kennedys, said: ‘To offer no evidence, particularly after an adjournment, smacks of a total inability to pull together a robust legal case for trial.

‘How long does it actually need to prepare for trial? Although, the bigger question is perhaps, is the SFO fit for purpose?

‘This case can now be added to the SFO’s catalogue of failings which includes its failure to successfully prosecute two Tesco executives in 2018 with the judge calling its case so weak that it could not be put to the jury. It was a similar tale with three Sarclad executives in 2019 and two former Serco executives in 2021.’

Aziz Rahman, senior partner at Rahman Ravelli, said: ‘The SFO is once again suffering huge, self-inflicted wounds.

‘It is clear from the SFO’s statement in court that the case was dropped in order to save the agency the herculean task of tackling and correcting the disclosure failings identified by the defence—and to avoid it having to explain how these disclosure mistakes were made.’

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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