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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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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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