header-logo header-logo

SFO—forgetting its purpose?

17 June 2022 / Neil Swift
Issue: 7983 / Categories: Opinion , Fraud
printer mail-detail
84923
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

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