Writing in NLJ this week, Cameron Brown KC of Red Lion Chambers and Sam Smart of Mishcon de Reya say revised Serious Fraud Office guidance now means companies that ‘self-report promptly’ can expect to be invited into DPA negotiations unless exceptional circumstances apply.
The authors chart the evolution of DPAs from blockbuster settlements involving Rolls-Royce and Airbus to smaller, more targeted agreements such as Ultra Electronics. They highlight the growing importance of ‘genuinely proactive’ cooperation, including disclosure of internal investigations and preservation of digital evidence.
However, the article also notes continuing difficulties in securing convictions against individuals linked to corporate wrongdoing, with several high-profile acquittals undermining confidence in prosecutions. Brown and Smart suggest the CPS may increasingly pursue its own DPAs as enforcement agencies adopt a more pragmatic ‘enforcement playbook’.
