2017 was an important year for the UK’s Serious Fraud Office (“SFO”). The Government’s plan to merge the SFO with the National Crime Agency was scrapped, seemingly securing the SFO’s future as an independent investigator and prosecutor. 2018 looks set to be equally important. Director of the SFO, David Green, is due to step down, […]

On 17 January 2017, Sir Brian Leveson QC approved the UK’s third Deferred Prosecution Agreement (“DPA”), resulting in orders for disgorgement, penalties and costs exceeding £500 million. This is the largest DPA since their introduction in the UK in 2014. Herbert Smith Freehills’ London Corporate Crime and Investigations team negotiated the first DPA with the […]

On 8 July 2016, Sir Brian Leveson LJ approved a deferred prosecution agreement (DPA) between the Serious Fraud Office (SFO) and a company, XYZ, for offences of conspiracy to corrupt, conspiracy to bribe and failure to prevent bribery (under s.7 Bribery Act 2010) in relation to offending between 2004 and 2012. The financial terms of […]

The UK Serious Fraud Office said Friday a court approved its second application for a deferred prosecution agreement to settle Bribery Act and related offenses committed in several foreign countries. Deferred prosecution agreements are commonly used in the United States to resolve FCPA and other corporate criminal offenses. But the practice is new in the […]