deferred prosecution agreements

SFO v Petrofac: Plea bargain versus DPAs and the importance of good compliance – 5SAH

Posted November 10th, 2021 in bribery, chambers articles, confiscation, deferred prosecution agreements, fines, imprisonment, news, plea bargaining, sentencing, Serious Fraud Office, suspended sentences by sally

‘On 4 October 2021, Petrofac Limited (“Petrofac”) was sentenced at Southwark Crown Court following guilty pleas to seven counts of failing to prevent bribery contrary to section 7 of the Bribery Act 2010. This followed a four-year corruption and money laundering investigation conducted by the Serious Fraud Office (“the SFO”) and the earlier guilty pleas of David Lufkin, former Global Head of Sales, who was sentenced on the same occasion. This followed pre-charge plea discussions between the parties with agreement being reached as to scope of the indictment and approach to sentencing.’

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5SAH, 19th October 2021

Source: www.5sah.co.uk

CPS ‘bizarrely’ opted for conviction over deferred prosecution in bribery case – Law Society’s Gazette

Posted December 12th, 2018 in bribery, Crown Prosecution Service, deferred prosecution agreements, news by sally

‘The lawyer who represented the defendant in what became the first conviction for ‘failure to prevent bribery’ has said it is ‘unfortunate’ that a deferred prosecution agreement (DPA) was not offered and that a larger company may have been given more preferential treatment.’

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Law Society's Gazette, 11th December 2018

Source: www.lawgazette.co.uk

Met police to defer prosecutions for some young offenders – The Guardian

Posted June 4th, 2018 in deferred prosecution agreements, London, news, police, young offenders by sally

‘Britain’s biggest police force is to begin deferring prosecutions for minor offences in an attempt to reduce youth crime and lessen racial bias in the criminal justice system.’

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The Guardian, 1st June 2018

Source: www.theguardian.com

Coventry killers face longer in jail – Attorney General’s Office

Posted September 7th, 2017 in appeals, deferred prosecution agreements, murder, news, sentencing by tracey

‘Murderers Stephen Weeks and Drew Thorpe have had their sentences increased following ULS referral.’

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Attorney General's Office, 6th September 2017

Source: www.gov.uk

Serious Fraud Office boss warns big names to play ball – or else – The Guardian

Posted April 3rd, 2017 in banking, company law, deferred prosecution agreements, fines, fraud, news, Serious Fraud Office by sally

‘David Green, the director of the Serious Fraud Office, has warned that British businesses should not consider deferred prosecution agreements (DPAs) the “new normal” if they are caught misbehaving.’

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The Guardian, 2nd April 2017

Source: www.guardian.co.uk

Tesco fined £129m for overstating profits – BBC News

Posted March 28th, 2017 in compensation, deferred prosecution agreements, financial regulation, fines, fraud, news, shareholders by sally

‘Tesco has agreed to pay a fine of £129m to avoid prosecution for overstating its profits in 2014.’

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BBC News, 28th March 2017

Source: www.bbc.co.uk

Rolls-Royce – What price co-operation – Fulcrum Chambers

Posted February 21st, 2017 in bribery, deferred prosecution agreements, news, whistleblowers by sally

‘Self referral, co-operation and a balance of mitigating factors were thought to be essential ingredients before a DPA could be considered by a prosecutor. It seems only one existed in this case yet the UK’s largest DPA to date followed.’

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Fulcrum Chambers, 20th January 2017

Source: www.fulcrumchambers.com

Senior judge: bigger fine discounts needed for companies agreeing deferred prosecution agreements – OUT-LAW.com

Posted June 30th, 2016 in codes of practice, corruption, Crown Prosecution Service, deferred prosecution agreements, disclosure, fines, judges, news, sentencing by tracey

‘Companies should receive substantial discounts on fines if they enter into deferred prosecution agreements (DPAs) with the Serious Fraud Office (SFO) after uncovering and self-reporting corruption offences, according to one of the UK’s most senior judges.’

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OUT-LAW.com, 30th June 2016

Source: www.out-law.com

Court to rule on first proposed deferred prosecution agreement in the UK on Monday – OUT-LAW.com

Posted November 30th, 2015 in deferred prosecution agreements, financial regulation, fraud, news by sally

‘A court in London is expected to decide on Monday whether to approve a deferred prosecution agreement (DPA) provisionally put in place by the Serious Fraud Office (SFO) and Standard Bank.’

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OUT-LAW.com, 27th November 2015

Source: www.out-law.com

White collar crime reform considered – Law Society’s Gazette

Posted October 21st, 2014 in attorney general, company directors, crime, deferred prosecution agreements, evidence, human rights, news by sally

‘The attorney general has revealed that the government is considering changing the evidential basis for prosecuting white collar crime.’

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Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

Warnings of “US-style penalties” for corporate economic crimes as new sentencing guidelines come into force – OUT-LAW.com

Posted October 7th, 2014 in bribery, corruption, deferred prosecution agreements, fraud, money laundering, news, sentencing by sally

‘Firms operating in England and Wales should be prepared for tougher penalties in cases of fraud, bribery and money laundering now that new sentencing guidelines have come into force, an expert has said.’

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OUT-LAW.com, 7th October 2014

Source: www.out-law.com

SFO head defends agency’s perceived “lack of appetite” for prosecuting senior UK bankers – OUT-LAW.com

Posted March 6th, 2014 in banking, crime, deferred prosecution agreements, news, prosecutions, Serious Fraud Office by tracey

‘The head of the Serious Fraud Office (SFO), which investigates and prosecutes serious and organised crime in England and Wales, has defended the agency’s record against UK banks and senior bankers in the aftermath of the financial crisis.’

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OUT-LAW.com, 6th October 2014

Source: www.out-law.com

Fighting corporate crime – DPAs hit the UK – Halsbury’s Law Exchange

Posted February 25th, 2014 in corruption, deferred prosecution agreements, news, prosecutions by sally

‘“White-collar crime is a crime like any other and should be prosecuted and punished as such”.

“Corrupt companies cannot buy their way out of trouble”

Statements like these have been the impetus behind “credible deterrence”, and the growth of high-profile investigations into the alleged criminal actions of corporate bodies.’

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Halsbury’s Law Exchange, 24th February 2014

Source: www.halsburyslawexchange.co.uk

Deferred prosecution agreements to be made available next week as new guidance published – OUT-LAW.com

Posted February 18th, 2014 in bribery, deferred prosecution agreements, fraud, news, prosecutions by sally

‘Prosecutors will be able to enter into US-style ‘plea bargains’ with corporate offenders from next week, providing an alternative to prosecution in cases of economic crime such as bribery or fraud.’

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OUT-LAW.com, 17th February 2014

Source: www.out-law.com

Fighting economic crime in the modern world – Attorney General’s Office

Posted September 3rd, 2013 in banking, bribery, crime, deferred prosecution agreements, fraud, national crime agency, news, speeches by sally

“Solicitor General makes the opening speech of the 31st Cambridge International Symposium on Economic Crime Originally given at Cambridge.”

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Attorney General’s Office, 2nd September 2013

Source: www.gov.uk/ago

Deferred Prosecution Agreements ‐ at one with atonement – Dyers Chambers

Posted July 31st, 2013 in bribery, company law, deferred prosecution agreements, fraud, money laundering, news by sally

“With the Crime and Courts Act having received Royal Assent on 25 April 2013, Andrew Price looks at the genesis of Deferred Prosecution Agreements (DPAs) and what may lie in store for the future.”

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Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

LIBOR Update – who will be next? – Dyers Chambers

Posted July 31st, 2013 in banking, deferred prosecution agreements, financial regulation, fraud, interest, news by sally

On 20th June 2013, Tom Hayes, a former trader with UBS, appeared before Westminster Magistrates Court charged with eight counts of fraud. He is the first individual to be prosecuted as a result of the SFO’s investigation into the LIBOR scandal. Peter Caldwell reviews the background to the investigation and examines the challenges that lie ahead for the Serious Fraud Office.

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Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

The mechanics of Deferred Prosecution Agreements in the UK – Speech by Oliver Heald QC MP

Posted July 1st, 2013 in bills, consultations, corruption, courts, deferred prosecution agreements, prosecutions, speeches by tracey

“Speech to the C5 7th Advanced Forum on Anti Corruption on the role of prosecutors and the court.”

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Attorney-Geberal’s Office, 28th June 2013

Source: www.gov.uk/ago

Tough new bribery sentencing guidelines will shape deferred prosecution agreements framework, says expert – OUT-LAW.com

Posted June 28th, 2013 in bribery, codes of practice, deferred prosecution agreements, fines, news, sentencing by tracey

“Tough proposed sentencing guidelines will inform the level of financial penalties set by the Serious Fraud Office (SFO) under new deferred prosecution agreements (DPAs), an expert has said.”

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OUT-LAW.com, 28th June 2013

Source: www.out-law.com

Deferred Prosecution Agreements – No. 5 Chambers

Posted May 29th, 2013 in company law, deferred prosecution agreements, fines, news, sentencing by sally

“Following the Bribery Act 2010 the next instrument the Government is preparing in the ‘battle against economic crime’ is the Deferred Prosecution Agreement [‘DPA’]. Following a consultation in 2012 the Ministry of Justice inserted schedule 17 into the Crime and Courts Act 2013 [‘CCA 2013’]. Although the Crime and Courts Act 2013 received Royal Assent in April 2013, Schedule 17 is not yet in force.”

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No. 5 Chambers, 22nd May 2013

Source: www.no5.com