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17 June 2022 / Neil Swift
Issue: 7983 / Categories: Opinion , Fraud
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SFO—forgetting its purpose?

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Has the SFO’s pursuit of corporate scalps undermined its original mission? Neil Swift reports on its successes & shortcomings

When the Roskill Report (Fraud Trials Committee Report) was published in 1986, it recommended that the government set up a new unified organisation responsible for the detection, investigation and prosecution of serious fraud cases. The government accepted the recommendation and the Serious Fraud Office (SFO) was born. It had a ‘cradle to grave’ approach and was given new powers, all designed to remedy perceived shortcomings in the investigation and prosecution of serious fraud.

However, the SFO has strayed from its initial mission statement, in at least two respects—investigation and prosecution.

Developments in the law

This has come about as a result of two developments in the law: the offence of failing to prevent bribery, and the introduction of deferred prosecution agreements (DPAs). The former means that a company commits an offence if a person connected to it anywhere in the world pays a bribe for the purpose of the company’s business, and the company did not have adequate procedures in place to prevent

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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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