Departure of general counsel is latest blow to beleaguered Serious Fraud Office

With its future hanging in the balance, last month's news of the departure of general counsel Vivian Robinson for US firm McGuireWoods is a blow the Serious Fraud Office (SFO) could have done without.

Hired in 2009 to add some bite to the SFO's bark, Robinson is set to become the latest in a procession of senior officials to leave, with the departure described by one City litigator as another "nail in the coffin" for the SFO. Particularly following the losses of other senior names including fraud chief Robert Amaee and head of policy Charlie Monteith, who left to join the London offices of Covington & Burling and White & Case respectively.

A more immediate threat for the SFO, which will see its budget cut from £53m in 2008-09 to £29m in 2014-15, however, is its planned break-up by the Government to create a new National Crime Agency – a move that could see its investigatory powers separated from its prosecution work, with the latter carried out by the Crown Prosecution Service.

The idea of splitting its powers has come as a shock to those inside and outside the organisation, with Robinson describing the suggestion as "disastrous", and those in private practice equally scathing.

The combined investigation and prosecution model is the preferred approach to investigating the most serious cases both internationally and in the UK, allowing for greater dialogue with companies and more rapid responses from the SFO. An integrated approach also makes it easier for the UK authorities to work in conjunction with international organisations such as the US Department of Justice.

Another problem, according to SFO director Richard Alderman, would be that serious fraud and bribery – if folded into a larger national crime agency – may not rank as highly as other forms of organised crime, such as terrorism and child pornography, and would therefore not be allocated sufficient resources. There is also the question of timing, with the planned split coming as the UK is on the cusp of implementing one of the most important and far-reaching pieces of anti-corruption legislation ever – the UK Bribery Act, which comes into force in July.

"It's no secret that we are damaged," says Alderman. "We need new blood in the organisation, and at this moment it is impossible to attract the talent we need." The straight-talking former barrister and tax investigator – who plans to retire next year – argues that despite the uncertainty, the organisation is still churning out cases, and that many talented individuals remain.

To his credit, Alderman has so far managed to overcome the departures and budget cuts to bring about compliance with the Bribery Act even before it comes into effect – an impressive feat.

Now though both public and private voices agree – the SFO faces the risk of paralysis unless a decision is made quickly about its future, to enable Alderman to capitalise on the momentum of Bribery Act compliance. "I am not adverse to change, but it needs to be handled right and quickly. We need more certainty to be able to move forward," says Alderman.

"Companies have been left in limbo for months," one litigation partner adds. "It is crucial that the regulatory requirements on business are clear, and that the business knows where it stands."