Out-Law News 1 min. read
23 May 2017, 1:23 pm
The SFO, which investigates the most serious cases of fraud, corruption and corporate crime, would be combined with the NCA by a future Conservative government, according to the party's pre-election manifesto.
With a Conservative victory "considered a racing certainty", the UK's anti-corruption bodies should focus on "making good the manifesto pledge that the end of the SFO signals a strengthening of Britain's response to white collar crime", rather than seeking to prevent the decision, according to white collar crime expert Barry Vitou of Pinsent Masons, the law firm behind Out-Law.com.
"The battle to keep the SFO was never about maintaining an organisation for the sake of it," he said. "Instead it was about a fear that the end of the SFO would signal the end of a focus on the part of law enforcement in the investigation and prosecution of serious fraud."
"Against a backdrop of Brexit, it has never been more important than when it comes to doing business, the UK is considered a safe place with a level playing field for all," he said.
Vitou said that there should be two near-term priorities for any new Conservative government and the anti-corruption agencies. First, specialist SFO staff should be given assurances about their future role within the NCA to prevent "atrophy of staff, or worse, a mass exodus". Secondly, the new government would have to publish and widely consult on its detailed plans for the future of the SFO within the NCA.
The UK Cabinet Office has been reviewing the various bodies involved in the oversight and enforcement of economic crime in the UK as part of a wide-ranging review. Home secretary Amber Rudd said in December that this review would consider "the effectiveness of our organisational framework, and the capabilities, resources and powers available to the organisations that tackle economic crime".
The Organisation for Economic Cooperation and Development (OECD) warned in March that a "pragmatic and effective" SFO should be at the heart of the UK's anti-corruption efforts. International watchdogs praised the effectiveness of the so-called 'Roskill model', which brings together prosecutors, investigators and other specialists within a single agency.
The SFO has had some high-profile successes in recent months despite considerable budget cuts. These have included deferred prosecution agreements (DPAs) with Rolls Royce and Tesco Stores Ltd, in which both businesses paid multi-million pound settlements in order to avoid a criminal investigation and potential prosecution.