News & Analysis as of

Serious Fraud Office (SFO) Criminal Justice Act

A&O Shearman

Extended pre-investigative powers for the UK Serious Fraud Office coming soon

A&O Shearman on

The UK Government is expanding the scope of the Serious Fraud Office’s (SFO) power to compel individuals and companies to provide information before a formal SFO investigation is commenced. Currently the power can only be...more

Morrison & Foerster LLP

UK Quarterly Review: Business Crime, Investigations, And Regulatory Enforcement

In our Quarterly Review, we bring you important UK developments relating to business crime, investigations, and regulatory enforcement from the last three months. As the UK gets used to life outside the EU and implements...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments For February 2021

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Jones Day

UK Supreme Court Limits Serious Fraud Office's Extraterritorial Powers

Jones Day on

The Issue: The UK Supreme Court was asked to decide whether section 2 of the Criminal Justice Act 1987 granted the Serious Fraud Office ("SFO") powers to compel the production of documents held outside the United Kingdom. ...more

White & Case LLP

KBR – no paradigm shift for the SFO. We look back at what is.

White & Case LLP on

Much has been made of the Supreme Court's decision earlier this month in KBR, Inc. v Director of the Serious Fraud Office, in which it confirmed the limits on UK authorities' reach overseas in anti-corruption investigations....more

Skadden, Arps, Slate, Meagher & Flom LLP

English Supreme Court Limits Serious Fraud Office’s Extraterritorial Reach

On 5 February 2021, the UK Supreme Court ruled that the Serious Fraud Office (SFO) could not force a foreign company to hand over material that it holds abroad through a notice issued under Section 2(3) of the Criminal...more

Vinson & Elkins LLP

Flying Too Close To The Sun: The U.K. Supreme Court Places New Limits On The SFO’s Overseas Investigative Power

Vinson & Elkins LLP on

In a striking rebuke, the U.K. Supreme Court found that the U.K. Serious Fraud Office (“SFO”) overstepped its authority when it tried to access corporate documents from the United States. The U.K. Supreme Court’s message to...more

WilmerHale

UK Supreme Court Ruling on Territorial Extent of SFO's Powers Impacts SFO’s Evidence Gathering Capabilities

WilmerHale on

On February 5, 2021 the Supreme Court handed down judgment in the case of R (on the application of KBR, Inc) v Director of the Serious Fraud Office, finding in favor of the Appellant, KBR, Inc (KBR). This high-profile case...more

Morrison & Foerster LLP

Serious Fraud Office Document Requests Not Effective Against Non-UK Companies

On 5 February 2021, the UK Supreme Court handed down its judgment in the case of SFO v KBR, in which it unanimously held that the Serious Fraud Office (SFO) cannot use its statutory power to gather information under section...more

WilmerHale

UK Supreme Court Rules on Territorial Extent of SFO’s Powers

WilmerHale on

On February 5, 2021 the Supreme Court handed down judgment in the case of R (on the application of KBR, Inc) v Director of the Serious Fraud Office, finding in favor of the Appellant, KBR, Inc (KBR). This high-profile case...more

BCLP

If the SFO did wish lists…

BCLP on

On 8 October 2020, Lisa Osofsky spoke to the Royal United Services Institute about future challenges in tackling the world of economic crime. Most eye-catching was her ‘wish list for the SFO’, which outlined three desired...more

White & Case LLP

Plus ça change… the SFO’s approach to Section 2 Interviews

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The approach of the Serious Fraud Office (the “SFO”) to compelled interviews is a longstanding source of frustration for criminal defence lawyers. The beginning of Lisa Osofsky’s tenure as Director and the introduction of...more

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