Rolls-Royce has paid £671m to settle a five-year-long investigation conducted by the Serious Fraud Office (SFO). Despite this success for the SFO, it has suffered a number of failings; some involving cases where there was insufficient evidence to prosecute.
Despite the recent coup involving agreeing a £671M settlement with Rolls-Royce it is unclear as to whether the SFO’s past blunders will continue to haunt the anti-fraud agency.
With a history of high-profile failures and years of opposition from Prime Minister Theresa May, the SFO has only recently started to pick itself up, reporting modest growth and 12 new criminal investigations taking place (according to the SFO’s annual report for 2016). They now face an uphill battle to restore credibility and erase its somewhat chequered past following this pivotal moment in their history.
In response to the Rolls-Royce decision, serious fraud defence specialists, Rahman Ravelli, has published an in-depth guide on SFO processes, and how defence teams can put their best foot forward. Aziz Rahman, Senior Partner at Rahman Ravelli gives his advice: “Ultimately, if expert legal help is sought the very moment you know an SFO investigation has commenced then you stand every chance of challenging the agency.
“You can also use the law of disclosure to gain access to unused material – this is material gathered by the SFO which does not support its case and, in turn, undermines its validity.
“The Rolls-Royce case is a fine example of the SFO’s tenacity – their unique methods and tireless Intelligence Team worked on the case for five years until a settlement was concluded.”
However, Mr. Rahman said that mounting a real challenge to the SFO is more than possible: “This said, there have been holes in the SFO’s investigative processes, indicating more than a couple of ways in which a shrewd, expert criminal defence team can win a case.”
If you are accused of wrongdoing by the SFO, it pays dividends to ensure that you are fully informed as to the agency’s procedures, how they mount an investigation and the measures you should take.
Rahman Ravelli has published an insightful, in-depth guide explaining how the Serious Fraud Office collects evidence and begins an investigation.
(Source: Rahman Ravelli)
