SFO rethinks Bribery Act guidance as watchdog toughens up approach
The Serious Fraud Office (SFO) is reviewing its Bribery Act guidance, with sections on self-reporting, facilitation payments, gifts and hospitality currently withdrawn from the watchdog's website. An SFO spokesperson confirmed the advice was under review, but declined to offer further details, or suggest how long the review is expected to take.
October 02, 2012 at 09:16 AM
2 minute read
The Serious Fraud Office (SFO) is reviewing its Bribery Act guidance, with sections on self-reporting, facilitation payments, gifts and hospitality currently withdrawn from the watchdog's website.
An SFO spokesperson confirmed the advice was under review, but declined to offer further details, or suggest how long the review is expected to take.
Since its introduction last year, the Bribery Act has received huge attention from corporations keen to be fully briefed on all areas of compliance amid widespread wariness of tightened regulations.
News of the review has been identified by some lawyers as further evidence of a more aggressive approach from the SFO following last year's appointment of barrister David Green QC as its new director.
Covington & Burling's Robert Amaee, who was this week made up to equity partner after joining the US firm as of counsel last year, said: "The new SFO director has, over the last few months, clearly signalled his intention to adopt a more hard edged prosecutorial approach at the SFO, focused on investigating and prosecuting only 'top drawer' fraud and corruption.
"He does not see the SFO as being in the business of issuing guidance, saying that there is 'oodles' of guidance out there already. It is perhaps not surprising then that the SFO is talking time to review and update its current guidance."
Amaee added that the tone of any new SFO guidance would be crucial, and highlighted "the impact that this will have on the SFO's efforts to encourage self-reporting and cooperation by companies that uncover instances of wrongdoing".
Pinsent Masons corporate crime head Barry Vitou commented: "A lot of water has passed under the bridge since the original guidance, which was out of date.
"The new guidance should give us the clearest indication so far on the way the SFO, under the new director, will approach self-reporting, prosecution and the resolution of cases going forward. Given the increasing emphasis on self-reporting, it is extremely important."
However, one bribery specialist partner at a magic circle firm cautioned: "On the one hand this signals a potentially more aggressive approach, but at the moment it is too early to read too much into this review."
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