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SFO—forgetting its purpose?

17 June 2022 / Neil Swift
Issue: 7983 / Categories: Opinion , Fraud
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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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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
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Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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