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Fit for purpose?

21 October 2011 / David Corker
Issue: 7486 / Categories: Opinion , Fraud , Bribery
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Is civil recovery effective in settling overseas corruption investigations, asks David Corker

The Serious Fraud Office (SFO) is increasingly using civil recovery to settle corruption investigations. On 22 July it announced that it had terminated its criminal investigation into Macmillan Publishers Ltd in connection with suspected corruption of government officials in African countries in relation to the award of contracts. This is the third settlement concluded so far this year compared to a total of two during 2009 and 2010.

Macmillan did not self-report and decided to co-operate with the SFO long after it knew that it was the target of a bribery investigation. No papers or statement of the case were published. The SFO press release indicated that the outcome was justified because it had agreed to a civil recovery order whereby it paid £11m to the Treasury (with £4m of that being routed back to the SFO). Macmillan also admitted that “such public tender processes were susceptible to improper relationships being formed” and that “it was impossible to be sure that the

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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