First Ever Deferred Prosecution Agreement

April 10, 2021

Such a reform would facilitate the prosecution of companies for crimes such as fraud and prevent potential embarrassment if those accused of misconduct are ultimately acquitted. An economic crime would not go as far as the U.S. approach to corporate liability, in which a company is responsible for the criminal activities of one of its employees against company policy. However, the introduction of a broader “prevention failure” of crime could be seen as a step towards a position closer to the broader range of corporate responsibility in the United States. The findings of the investigation were sufficient to allow the SFO to conclude that there were well-founded suspicions that the standard bank had not prevented the corruption of Stanbic, one of its linked persons, and that an ongoing investigation would likely reveal other admissible evidence that would lead to a realistic prospect of conviction under the Corruption Act. the SFO entered into an agreement with Standard Bank to postpone the lawsuits in exchange for the standard bank, which compensated the Tanzanian government to the tune of $6 million (i.e. the 1% commission paid to EGMA) by passing on the profits of $8.4 million for the transaction (the remaining commission of 1.4%). , subjected to a review of their anti-corruption policies and paid the costs of the SFO. However, cooperation in the United Kingdom has been used only sparingly.

The SPC guidelines are: “If there is sufficient evidence to provide a realistic prospect of conviction, the public interest will normally require that an accomplice be prosecuted, whether or not he is called as a witness” and “in the most exceptional cases only, full immunity should be granted.” 10 In the government`s White Paper that preceded SOCPA, it says: “Adoption is always… that the majority of cooperating defendants would be offered a reduction in sentence rather than full immunity, rather than total immunity. 11 Five years ago, in the spring of 2014, the United Kingdom first adopted, through the Crime and Courts Act 2013 (the “CCA”), the agreements on late prosecutions (the “Public Prosecutor`s Office”). The commentary was shared on the relative success of the DPA process and whether it provides an effective tool for coercing companies to behave ethically and within the law. British law enforcement has long used cooperating witnesses as tools in their arsenal of weapons. “Supergrass” evidence was widely used in the 1980s to tackle problems in Northern Ireland, and more recently in response to organised and violent crime in the 2000s. The system was first regulated by the common law and then by the Serious Organised Crime and Police Act 2005 (SOCPA). Under SECTION 71 of SOCPA, an offender may be offered immunity from prosecution.

Section 73 provides that an accused who has pleaded guilty to a criminal offence and who assists the investigator or prosecutor with respect to that or other offence may take this assistance into account in determining his or her sentence. The purpose of this legislative framework was to clarify and strengthen the existing framework for the common law, which continues to operate in parallel.