Richard Furlong asks why there have been so few successful prosecutions of multinational corporations for bribery and corruption offences.
According to a report commissioned by Pinsent Masons last year, the number of Section 2 notices issued by the Serious Fraud Office (“SFO”) has more than doubled in the five years leading up to 2017/2018. Unlike the application process to obtain a search warrant under Section 2(4) of the Criminal Justice Act 1987 (“CJA”), no judicial oversight is required for the SFO to exercise its powers to require individuals to answer questions or produce documents under Sections 2(2) and 2(3) of the CJA. In light of this upward trend and growing concern over the SFO’s tendency to resort to the use of Section 2 notices, Sean Curran (Partner, Arnold & Porter) and John Carl Townsend (Barrister, Carmelite Chambers) shine a spotlight on the SFO’s surprisingly broad Section 2 powers and recap the restrictions in place which moderate them.
A Painful Lesson in the Realities of Commercial Accounting Practice.
Protecting Directors or Protecting Companies? Charles Bott QC and Jonathan Lennon explore issues around who can be prosecuted; the company or the director.
Colin Aylott QC and Sarah Day explore the clues indicating the future focus and direction of the Serious Fraud Office under its new Director, Lisa Osofsky.
On the 28th March 2019, Felicity Gerry QC from Carmelite Chambers appeared at a panel event together with Jo Pride,…
Chris Henley QC, Chair of the Criminal Bar Association, provides an insight into the challenges of his role and outlines what he hopes to achieve.
Jonathan Lennon and John Carl Townsend consider the vexed question of defence costs in POCA High Court Civil Recovery proceedings where the assets are frozen by a Property Freezing Order. The authors are involved in a civil recovery case in which Costs Budgeting has been directed – the pros and cons are explained.
In 2018, the Defence team for General Ratko Mladić on appeal applied to disqualify three judges from the appeal bench on the basis that the findings made about the accused criminal responsibility by Judges Meron, Agius and Liu in previous judgements would cause a reasonable observer properly informed to reasonably apprehend bias against General Ratko Mladić. For the first time in the history of the Tribunal, the applications were upheld on this ground. The Appeals Chamber rejected the Prosecution’s subsequent attempts to appeal the decision. Peta-Louise took a leading role in drafting the defence submissions, and explains the approach taken by Judge Antonetti to the Defence disqualification applications and the Prosecution’s submissions on appeal.
Charles Bott QC and Richard Furlong, who have considerable experience in both conducting and defending against private prosecutions, argue that it is sometimes better for an injured party to take action in the criminal courts rather than either waiting for the CPS to act, or pursuing a case in the civil courts and getting bogged down.