WHAT THE NEW GUIDANCE ON DPA TELLS US ABOUT THE SFO APPROACH TO COOPERATION

On 17 November, an article from Bryan Cave Leighton Paisner sets out to explain how cooperation features in the deferred prosecution agreement (DPA) process, what it means to be “co-operative”, and why the SFO appears to be trying to strongly encourage organisations to lay “golden eggs” for it in the form of making privileged documents available.  On this point, the article makes clear that, in a very recent case, the defendant did not provide material requested by the SFO that was protected by legal professional privilege but was still found to have “actively cooperated” with the SFO.  It also says that the SFO could not be clearer in making the point, once again, that it will be cooperating and coordinating its efforts with other investigating authorities in the UK and internationally, as applicable.

https://www.bclplaw.com/en-US/insights/the-sfo-the-goose-and-the-golden-eggs-what-the-sfos-new-dpa-guidance-on-dpas-tells-us-about-the-prosecutors-approach-to-co-operation.html

I had omitted the following link (as it did not seem to generate much interest!), but it seemed time to add it again and say that, if you would like to make a (polite) gesture and help me with my removal and computer costs, I have a page 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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