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.
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