SFO Investigation
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St Pauls has a hard-earned reputation as a leading set for fraud, money laundering, and corruption in the north. Our serious fraud lawyers are well known for their superb advocacy and commercial acumen, and have expert knowledge regarding the Serious Fraud Office, including the SFO investigation process and SFO prosecutions. They are regularly instructed to prosecute or defend complex and high-profile matters in SFO investigation.
What is The Serious Fraud Office?
The Serious Fraud Office (SFO) is an authority that investigates and prosecutes serious or complex fraud, bribery and corruption. It was established in 1988, and was given its powers under the Criminal Justice Act 1987. The Serious Fraud Office is part of the criminal justice system in England, Wales and Northern Ireland.
The Serious Fraud Office works closely with other agencies, such as the National Crime Agency, UK police forces, HM Revenue & Customs and the Financial Conduct Authority (FCA).
SFO Investigation
An SFO investigation can have serious consequences for a business or individual, including a damaged reputation and financial implications. Because of this, we advise and represent individuals and corporations at all stages of an SFO investigation.
Our SFO specialists are well-versed in the SFO investigation process and its complexities. They can navigate difficult cases effectively and efficiently, and tackle any SFO investigation with an accurate and comprehensive approach.
Our team can provide critical pre-charge advice, which can often result in the avoidance of proceedings altogether. They are also able to draw on our extensive experience in dealing with international or multi-jurisdictional matters, as well as our expertise in mutual legal assistance, to meet the challenges posed by the increasingly globalised nature of fraud investigations and prosecutions.
SFO Prosecutions
All SFO prosecutions follow the Code for Crown Prosecutors. This means all SFO prosecutions adhere to a two-stage test:
- Is there enough evidence against the defendant?
- Is it in the public interest for the CPS to bring the case to court?
A number of our members of chambers are appointed by the Serious Fraud Office to undertake SFO prosecutions (on a specialist panel, consisting of three grades – A panel, B panel, and C panel). They are particularly familiar with the approach taken in serious fraud investigation, SFO prosecutions, and are ideally placed to advise private individuals and corporates on the issues arising, related to serious fraud.
For more information about our members of chambers who are specialists in Serious Fraud Office investigations, please see below.
Barristers
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Leaders of the Team
Jane Bewsey KC has been instructed by the Serious Fraud Office since the early 1990s in cases involving corporate fraud, letters of credit, money laundering, mortgage fraud and pension fraud. All cases have had a significant international dimension and involved working with expert witnesses, including forensic accountants.
Defending in Serious Fraud Office cases
Jane has been instructed to defend in SFO prosecutions, including the Balfron Pension Fraud case.
Cameron Brown is on the SFO A Panel. He has appeared in a number of SFO prosecutions, including an £89m Ponzi scheme, pension liberation frauds and bribery allegations involving multinational corporations. He has advised on DPAs, foreign legal assistance, trial strategy and confiscation proceedings.
Angus MacDonald is a newly appointed member of the SFO B Panel.
What are SFO Prosecutions?
SFO prosecutions are brought by the Serious Fraud Office. These are normally the most complex fraud, bribery, and corruption prosecutions occurring in the United Kingdom. The SFO only takes on a small number of large economic crime cases. Serious Fraud Office investigations follow the ‘Roskill’ method, where lawyers and investigators work together. In considering whether to take on a case, the Director of the SFO looks at the following factors:
- Whether the apparent criminality undermines UK PLC commercial or financial interests in general and in the City of London in particular,
- Whether the actual or potential financial loss involved is high,
- Whether actual or potential economic harm is significant,
- Whether there is a significant public interest element, and
- Whether there is new species of fraud.
Since September 2017 the SFO has had the power to investigate and prosecute the new offence of corporate failure to prevent the facilitation of overseas tax evasion.
SFO investigations can result in Deferred Prosecution Agreements (DPAs) instead of criminal prosecutions, resulting in a trial. The key features of DPAs are:
- Enable a corporate body to make full reparation for criminal behaviour without the collateral damage of a conviction (for example sanctions or reputational damage that could put the company out of business and destroy the jobs and investments of innocent people);
- Concluded under the supervision of a judge, who must be convinced that the DPA is ‘in the interests of justice’ and that the terms are ‘fair, reasonable and proportionate’;
- Avoid lengthy and costly trials,
- They are transparent, public events.
