Bark & Co Solicitors London: Deferred Prosecution Agreements
The director of the Serious Fraud Office (SFO) and the Solicitor General, Edward Garnier QC, have
recently made no secret of the fact that they consider the criminal justice system to be incapable...
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Bark & Co Solicitors London: Deferred Prosecution Agreements
The director of the Serious Fraud Office (SFO) and the Solicitor General, Edward Garnier QC, have
recently made no secret of the fact that they consider the criminal justice system to be incapable of
dealing with corporate prosecutions in a way that refects commercial realities.
The blunt impact of a
prosecution of a company has the impact of damaging innocent parties including employees, shareholders
and creditors.
Garnier cited the cautionary example of the ill-effects of prosecution caused to Arthur
Andersen, eventually acquitted on charges of obstruction of justice by the US Supreme Court, many years
after the allegations had destroyed the company.
US prosecutors have a tool at their disposal, the deferred
prosecution agreement (DPA), which is being touted as a viable alternative to the present options of either
prosecution or civil recovery.
Much of the impetus for the reform has been caused by the difficulties
faced
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