UK: SERCO JUDGMENT REPRESENTS A SIGNIFICANT DEVELOPMENT IN DPA REGIME

On 10th July, Osborne Clarke published an article saying that the UK’s 5th deferred prosecution agreement, announced on 4th July, marks a significant evolution of the DPA regime in the UK and a number of interesting points emerge from the judgment, which are likely to inform the way in which it progresses in the coming years.  It involved Serco Geografix Limited, a now dormant company within the overall structure of Serco Group PLC, and which was ordered to pay a financial penalty of £19.2 million and pay the SFO’s costs of £3.7 million.  The cases involved misrepresentations made by SGL in connection with the contract for electronic tagging of individuals on behalf of the MoJ.  The firm concludes that the involvement of parent companies can be expected to be a recurring feature of DPA in the future.  In this case, the beneficiary of the fraud was the Serco parent company, but it could not be included within the DPA as its senior personnel were not complicit in the fraud, but the Court agreed that it was appropriate for Serco Group to provide what is a clearly an onerous undertaking.

https://www.osborneclarke.com/insights/uk-deferred-prosecution-agreements-fifth-instalment-serco-judgment-represents-significant-development-dpa-regime/

 

This blog is primarily for my own use, to keep informed and up to date. However, if you would like to say thank you (and perhaps help me get a new, better laptop when I am away…) you can “buy me a coffee” at https://www.buymeacoffee.com/KoIvM842y

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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