header-logo header-logo

27 May 2010 / Nicola Mcleod , Eoin O’Shea , Alex Beal
Issue: 7419 / Categories: Features , Regulatory , Commercial
printer mail-detail

Back to the drawing board?

Eoin O’Shea, Nicola McLeod & Alex Beal say the SFO will have to reconsider penalties for bribery

The Serious Fraud Office (SFO) published guidance entitled, Approach of the Serious Fraud Office to Dealing with Overseas Corruption, on 21 July 2009. The guidance encourages self-reporting of corruption offences by corporate entities. It provides for the possibility of a “global settlement” with the SFO where liability arises in another jurisdiction, and makes plain the SFO’s willingness to negotiate on the subject of penalties. It also makes plain that in the right circumstances (such as self-reporting and co-operation with the SFO’s investigation, as well as a commitment to reform of corporate practices and procedures) the SFO would recommend that only civil penalties be imposed (pursuant to its powers under Pt 5 of the Proceeds of Crime Act).

On the other hand, the guidance makes clear that, in the absence of cooperation and self-reporting, companies paying bribes should not expect leniency. The chances of a criminal prosecution are increased. The

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: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll