header-logo header-logo

More stick, less carrot

26 October 2012 / David Corker
Issue: 7535 / Categories: Opinion , Bribery
printer mail-detail

David Corker studies the events that led up to the SFO’s recent backtrack

In a surprise and unheralded move, the Serious Fraud Office (SFO) last week published new guidance and policy on how it will deal with cases of suspected domestic and overseas bribery. Neither the SFO’s new director, David Green, nor any other spokesperson was available to introduce and explain the thinking behind this announcement. So how this initiative differs from the now redundant July 2009 guidance and to what extent it represents a change of strategy is unclear. Presumably, such uncertainty is something the SFO regards as desirable.

To understand what this change might mean, it is necessary to put recent events at the SFO into a wider perspective.

Civilly where possible

During Richard Alderman’s tenure as SFO director between 2008–2012, the aim was to encourage resolution by avoiding litigation. What he emphasised from the outset was the probable reward on offer for self-reporting in the guise of a non-prosecution outcome. Initially, he went a long way in this direction by agreeing secret non-prosecution deals with several UK companies implicated

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll