Tag Archives: SFO

Enforcement and Prosecution Policy and Trends December 6, 2017

The Cloak of Legal Professional Privilege

The recent judgment in the case of Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB) is a matter of major concern for companies and those involved in advising them on the best approach to the prospect of investigation by the U.K. SFO. We understand that this English High Court… Continue Reading

Anti-Bribery and Corruption March 29, 2016

The SFO’s “ongoing” investigation into Alstom – Further Charges

We originally wrote in 2014 about charges that had been brought in September of that year by the UK’s Serious Fraud Office against the French Multinational’s UK subsidiary, Alstom Network UK Ltd, and two former employees and British nationals for corruption offences (under pre-Bribery Act era legislation) relating to transport projects in India, Poland, and Tunisia.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims February 8, 2016

The SFO’s ‘Seize and Sift’ Procedure

R (on the application of Colin McKenzie) v Director of the Serious Fraud Office saw an unsuccessful attempt to judicially review the SFO’s currently in-use procedure for dealing with material that it has seized, and which may contain content subject to legal professional privilege (“LPP”). This ‘procedure’, set out in the SFO’s Operational Handbook, provides… Continue Reading

Anti-Bribery and Corruption, Fraud, Deception and False Claims November 6, 2014

Civil fraud damages claims begin in the UK following a corruption prosecution by the SFO and the DOJ against Innospec and others

In a recent decision of Mr Justice Flaux in the case Jalal Bezee Mejel Al-Gaood & Partner v Innospec Limited and Others, the Claimants sued for damages which they claimed arose as a result of the Defendants having bribed the Iraqi Ministry of Oil (“MOO”) to purchase their chemical products, TEL. The claim for damages… Continue Reading

Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims October 9, 2014

SFO Bashing, Chapter 49.

No one could accuse the Serious Fraud Office of living a charmed life. It is regularly accused of stupidity and inefficiency by a hostile press, and not infrequently the government weighs in with destabilising tactics, either by slashing its paltry budget, or by planning to redesign the counter fraud landscape. A report this week in… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends September 30, 2014

The Serious Fraud Office bribery charges against Alstom

“From this autumn, we will start to see cases adopted by us, under our recalibrated focus on top tier work, coming to trial…we have much in the pipeline.” David Green CB QC, Director of the SFO, addressing the Cambridge Symposium on Economic Crime on 2 September 2014 One such case is the SFO’s bribery case,… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims August 29, 2014

The Director of the SFO criticises corporations which commission internal investigations before self-reporting

The engagement of external lawyers by corporations is still the safest and best option as those external law firms not only have their own firm's professional brand reputation to protect in giving full honest and fair reports, but the lawyers who form those organisations all owe personal duties to the court not to mislead it. Their report would have been prepared in the knowledge that, if disclosed to the SFO as part of a self-reporting procedure, it could end up being scrutinised by the court.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation August 21, 2014

The Long Arm of British Anti-Corruption Laws and the impact on individual defendants

The inference to be made from this court order is that the crime of corruption really doesn't pay, especially for board level directors, and that individuals who get involved in (or permit existing arrangements to continue unabated) international corruption are at risk of being prosecuted in one or more jurisdictions around the world and are liable to lengthy terms of imprisonment as well as very substantial penalties and orders for disgorgement of payments… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims August 18, 2014

Coming clean – the argument for cooperating with the SFO on corporate crime*

the fear of future prosecution by US prosecutors may be the driving force in corporate defendant's decision-making processes whether to cooperate with UK prosecutors in a current investigation… Continue Reading

Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims July 21, 2014

Forex Investigation – the new blockbuster investigation by the SFO

In addition to, potentially, multiple prosecutions of banks and individual traders, the SFO's investigation may also eventually lead to a surge in civil litigation in relation to those parties who feel that they have lost out as a result of market manipulation… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims July 21, 2014

The Serious Fraud Office Reports…

It is simply to emphasise that complex City fraud needs the kind of unified approach, expertise and special tools that Roskill advocated and that the SFO has developed.… Continue Reading

Anti-Bribery and Corruption, Anti-Money Laundering, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims June 13, 2014

Ken Clarke reviews the law enforcement response to City scandals

There is also a pivotal issue that needs to be urgently reviewed: is the jury system properly configured to cope with the prosecution of serious and complex fraud?… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims May 20, 2014

British Bankers Association Updated Anti-Bribery and Corruption Guidance May 2014

All in all, we at the BriberyLibrary consider that the BBA's guidance is thorough, commendable, and has some great practical tips… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation March 31, 2014

Besso Limited fined by the FCA for anti-bribery systems failings

The Besso case reflects our own experience that there are still many small and medium sized companies who have still not taken, four years after the Bribery Act was enacted, the far-reaching provisions of the Bribery Act sufficiently seriously.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends March 25, 2014

Excoriating the SFO

It is, of course, possible, likely even, that none of these cases will reach trial before David Green's tenure as Director is up, but I believe that he has adopted the right course, and that with a fair wind (and perhaps a little support from the government and the press) he will succeed.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims March 20, 2014

Ethical Business Conduct: An Enforcement Perspective

We at the BriberyLibrary concur with the Director's reasoning in favour of self-reporting. When you consider all the risks of the alternative, in 99% of cases, it must be the right decision for the corporate… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends December 11, 2013

Victor Dahdelah Corruption Case: Trial Collapses after key SFO witnesses refuse to give evidence

while the SFO is not afraid to bring high profile cases, the way in which it puts its cases together and presents them to the court is lacking, leading to spectacular high profile failures such as this one… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends November 19, 2013

Victor Dahdaleh on Trial for “Large Scale” Corruption

What the case does show, however, whatever the outcome, is that the SFO has both the willingness and the means to prosecute very wealthy and powerful defendants, and in circumstances where there are international political interests at stake.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends August 20, 2013

First case brought by Serious Fraud Office under the Bribery Act against individuals connected with Sustainable AgroEnergy plc

three of the aforementioned defendants are about to make history, as defendants to the first SFO prosecution under the Bribery Act.… Continue Reading

Enforcement and Prosecution Policy and Trends May 14, 2013

Bribery Act 2010: The first three convictions

Whilst attention continues to focus on the on-going absence of a corporate prosecution for bribery by the SFO, it is worth reflecting on the circumstances of the three individuals who have been convicted of offences under the Bribery Act 2010 in England: 1. Mr Patel, the court clerk. 2. Mr Mushtaq and the driving examiner. 3. Mr Li and the professor.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends January 23, 2013

The SFO reinforces its stance on Facilitation Payments Enforcement

This would appear to be a clear message, both to commercial organisations and to the OECD, that the SFO regards facilitation payments as being an important item on its current agenda.… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends January 21, 2013

Serious Fraud Office reports an increase in companies self-reporting

The fact that there were only twelve companies self-reporting to the SFO in the year ending 31 March 2012, however, is still in our view pitifully low… Continue Reading

Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims January 18, 2013

A Review of the Year in Corruption – And the Transparency International 2012 Public Perceptions Index

In December 2012, TI published its annual Corruption Perceptions Index.… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends November 26, 2012

The DOJ’s Guiding Principles of Enforcement

The clear articulation of these matters in the Resource Guide provides a useful template for use by those corporates which might be exposed to the UK Bribery Act.… Continue Reading

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