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22 November 2007 / Tom Epps
Issue: 7298 / Categories: Features , Criminal
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Crossing the pond

Tom Epps highlights the increasing Americanisation of UK corporate crime investigations

The ongoing BA/Virgin cartel case sharply brings into focus the strong influence that US law enforcement agencies have imposed on corporate crime investigations in the UK. The influence of the US can be seen in both the investigative methods adopted by law enforcement agencies here, and more obviously in relation to the prospect of extradition to the US for the four former BA directors.

US-STYLE INVESTIGATIONS

Historically, the UK law enforcement agencies have been reluctant to grant immunity against prosecution to those who have admitted offences, even though they are willing to give evidence against others. The UK criminal courts have generally viewed any evidence of an accomplice with scepticism on the basis that they may simply seek to serve their own ends by providing evidence against others.

The US law enforcement agencies have traditionally favoured the practice of using those who admit offences to provide evidence against others in exchange for a substantially reduced sentence or immunity for the whistleblower.

The US

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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