Prior to his time coming to Barnes and Thornburg, Mr. Stuaan served for more than 10 years as Assistant Counsel for the Southern District of Indiana. He was assigned to the Criminal Division at the U.S. Attorney`s Office in Indianapolis and handled a series of charges and appeals. Before joining the U.S. law firm… The current Director has clearly drawn attention to the UK`s rapprochement with the US system and closer cooperation between the SFO and the DOJ. Such changes can lead to greater success for the SFO in monitoring data protection authorities and individual prosecutions. The SFO can fully strengthen its business by obtaining the witnesses it currently lacks through a more strategic approach to the offer of immunity. We can also see that fewer cases are reaching the trial stage because the power to offer immunity from prosecution is more used. If and when the criminality is introduced, the crime of economic crime will probably protect the PA from further criticism of inconsistencies between the torment of the company and the acquittal of an individual. At the time of publication, Lisa Osofsky, Director of SFO, said, “The publication of these guidelines will provide more transparency about what we expect from companies that want to work with us.” Director Osofsky`s full remarks are here: www.sfo.gov.uk/2020/10/23/serious-fraud-office-releases-guidance-on-deferred-prosecution-agreements/. Such a reform would facilitate the prosecution of companies for crimes such as fraud and prevent potential embarrassment if those accused of misconduct are ultimately acquitted.
An economic crime would not go as far as the U.S. approach to corporate liability, in which a company is responsible for the criminal activities of one of its employees against company policy. However, the introduction of a broader “prevention failure” of crime could be seen as a step towards a position closer to the broader range of corporate responsibility in the United States. 1 DPA was introduced on 24 February 2014 2 www.transparency.org.uk/press-releases/lack-of-individual-prosecutions-rolls-royce-bribery-case/ 3 Bribery Act 2010 Committee, Corrected Oral Evidence: Bribery Act 2010, 13 November 2018 4 Treasury Committee, Oral Evidence: Oral Crime, 30 October 2018 and Bribery Act 2010, Committee Corrected Oral Evidence: Bribery Act 2010, 4 December 2018 5 Justice Committee, Oral Evidence: Serious Fraud Office, 18 December 2018 6 www.sfo.gov.uk/2018/12/04/keynote-address-fcpa-conference-washington-dc/ 7 “Wear wire or face jail, white-collar criminals are warned by top British law enforce official,” Evening Standard, 26 April 2019; We are not trying to address the SFO`s remark here that tax offences probably deserve a 20-year sentence, except to say that outside the current criminal council 8 “Wear wire or face jail, white-collar criminals are warned by top British law enforce enforcement official,” Evening Standard, April 26, 2019 9 www.sfo.gov.uk/download/foi2014-063-serious-organised-crime-police-act-2005/ 10 Queen evidence Enterprises and Agreements under the Serious Organised Crime and Police Act 2005, available at www.cps.gov.uk/legal-guidance/queens-evidence-immunities-undertakings-and-agreements-under-serious-organised-crime 11 One Step Ahead – A 21st Century Strategy to Defeat Crime, page 49, available at assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/251075/6167.pdf 12 www.theguardian.com/law/2014/jul/09/three-former-met-officers-lose-appeal-drug-conspiracy 13 The author of this article looked at such a “Supergras” case , which was influenced by the CCRC 14 review www.ft.com/content/b5eb36b6-680f-11e9-9adc-98bf1d35a056 a number of factors that influence the decision to enter a CCA in the interests of the company.