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17 June 2022 / Neil Swift
Issue: 7983 / Categories: Opinion , Fraud
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SFO—forgetting its purpose?

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Has the SFO’s pursuit of corporate scalps undermined its original mission? Neil Swift reports on its successes & shortcomings

When the Roskill Report (Fraud Trials Committee Report) was published in 1986, it recommended that the government set up a new unified organisation responsible for the detection, investigation and prosecution of serious fraud cases. The government accepted the recommendation and the Serious Fraud Office (SFO) was born. It had a ‘cradle to grave’ approach and was given new powers, all designed to remedy perceived shortcomings in the investigation and prosecution of serious fraud.

However, the SFO has strayed from its initial mission statement, in at least two respects—investigation and prosecution.

Developments in the law

This has come about as a result of two developments in the law: the offence of failing to prevent bribery, and the introduction of deferred prosecution agreements (DPAs). The former means that a company commits an offence if a person connected to it anywhere in the world pays a bribe for the purpose of the company’s business, and the company

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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