Tag Archives: Robin Lööf

The SFO Publishes Its Internal Guidance on Deferred Prosecution Agreements

by Karolos Seeger, Robin Lööf, and Aisling Cowell

On October 23, 2020, the United Kingdom’s Serious Fraud Office (the “SFO”) published the chapter on deferred prosecution agreements (“DPAs”) from its Operational Handbook, including how it “engages with companies where a DPA is a prospective outcome”.[1] The SFO has made clear that this guidance is for internal use only and was published “in the interests of transparency”; it is not authoritative. Although the guidance does not contain new information or changes from existing DPA practice, it is useful in setting out the SFO’s consolidated approach in respect of DPAs. It does not supersede or replace previous guidance and should be considered alongside the legislation covering entry into a DPA (Schedule 17 of the Crime and Courts Act 2013) and the DPA Code, which is authoritative, as well as previous guidance, including the Corporate Co-operation Guidance.

So far, the SFO has concluded eight DPAs, with a ninth DPA awaiting approval by the court on 30 October 2020.

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The UK School Algorithm Debacle: Five Lessons for Corporate AI Programs

by Avi Gesser, Anna R. Gressel, and Robin Lööf

The widespread criticism, and partial abandonment, of the algorithm that was used to evaluate UK students serves as useful reminder that corporate AI programs carry significant regulatory and reputational risks, and that careful planning, testing and governance are needed throughout the process to mitigate those risks.

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The EPPO and International Co-Operation –– New Kid on the Block

by Karolos Seeger, Jane Shvets, Robin Lööf, Alma M. Mozetič, Martha Hirst, Antoine Kirry, Alexandre Bisch, Ariane Fleuriot, Dr. Thomas Schürrle, Dr. Friedrich Popp, Dr. Oliver Krauß

The European Public Prosecutor’s Office (“EPPO”) is a new European Union body responsible for investigating and prosecuting criminal offences affecting the EU’s financial interests in 22 of its 28 Member States.[1] The EPPO is expected to begin investigations in November 2020.

Fraud against the financial interests of the EU is an international phenomenon: in 2018, the European Anti-Fraud Office (“OLAF”) concluded 84 investigations into the use of EU funds, 37 of which concerned countries outside the EU.[2] In this part of our series of analyses of the EPPO[3] we, therefore, consider the framework for the EPPO’s future international co-operation. This includes dealings with enforcement authorities in non-participating EU Member States as well as the rest of the world.

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U.K. and U.S. Sign Landmark Cross-Border Data Sharing Agreement

by Jeremy Feigelson, Karolos Seeger, Jane Shvets, Robin Lööf, Robert Maddox, and Alma M. Mozetič

On October 3, 2019, the United Kingdom and the United States signed a landmark data sharing agreement to give law enforcement agencies in one country faster access to digital evidence held by service providers, such as web hosts and social media companies, located in the other (the “Agreement”).[1]  The material scope of the Agreement is wide, including fraud, cyberattacks, corruption, and other serious offences.  The Agreement aims to provide an alternative, faster mechanism to the current system based on government-to-government requests pursuant to Mutual Legal Assistance Treaties (“MLATs”).  Under the Agreement, law enforcement authorities will be able to compel production directly from service providers.  The hope is that this will reduce waiting times to weeks or sometimes days.  The Agreement is expected to enter into force following review by the U.K. Parliament and the U.S. Congress, in early April 2020. Continue reading →

Policing Your Own Jardin – France Signals Eagerness to Take Control of Its White Collar Enforcement

by Antoine F. Kirry, Alexandre Bisch, Frederick T. Davis, Robin Lööf, Line Chataud, Ariane Fleuriot, Fanny Gauthier, and Alice Stosskopf

In light of well-publicized U.S. enforcement actions against French companies (Alstom, Total, Technip, Alcatel, BNP), the French government asked MP Raphaël Gauvain to consider measures to protect French companies faced with foreign extraterritorial judicial and administrative procedures. His long-awaited report was published on June 26, 2019. Entitled “Restoring French and European Sovereignty and protecting our companies from extraterritorial laws and measures,” this 100-page document points out the lack of effective legal tools available to French companies faced with extraterritorial proceedings. Drawing on this, the report makes several recommendations. Continue reading →

France Boosts Tax Fraud Prosecution

by Antoine F. Kirry, Frederick T. Davis, Eric Bérengier, Alexandre Bisch, Robin Lööf, Aymeric D. Dumoulin, Alice Stosskopf, Fanny Gauthier, and Line Chataud

On October 23, 2018, the French Parliament enacted a law aimed at combatting fraud (the “Law”).[1] The most innovative provisions of the Law change key procedural aspects of tax law enforcement, which is likely to result in an increased number of criminal tax fraud prosecutions against both individuals and legal entities. The Law also addresses customs and social security frauds.

Tax Fraud Prosecution: Open the Floodgates Continue reading →

English High Court Considers Status of Internal Investigation Interview Notes

by Karolos Seeger, Andrew Lee, and Robin Lööf

In R (AL) v Serious Fraud Office,[1] the English High Court considered the SFO’s obligations to individuals prosecuted following the deferred prosecution agreement (“DPA”) in July 2016 with a company anonymised as “XYZ Ltd”. The Court’s decision is likely to force the SFO to adopt a much more aggressive approach in relation to company counsel’s notes of interviews conducted during a company’s internal investigation. In particular, when those interview notes are potentially relevant to the defences of individuals being prosecuted, this judgment is likely to lead to the SFO putting further pressure on companies to produce the notes, through court proceedings if necessary. We analyse these and other issues covered by the judgment below. Continue reading →

First French DPAs for Corruption Offences

by Antoine Kirry, Karolos Seeger, Alex Parker, Alexandre Bisch, and Robin Lööf

On March 5, 2018, French prosecutors published two Judicial Conventions of Public Interest (“CJIPs” or “French DPAs”) approved by the President of the High Court of Nanterre on February 23. The CJIPs, entered into between prosecutors and two sub-contractors to state-owned utility EDF, SAS Kaefer Wanner (“KW”) and SAS SET Environnement (“SET”), allege that these companies had ceded to solicitations to pay bribes to an EDF procurement manager, and that this behaviour amounted to corruption by them of an individual charged with a public service. KW and SET admitted these facts and their legal qualification[1], and agreed to pay financial penalties of €2,710,000 and €800,000 respectively and compensation to EDF of €30,000 each. In addition, they agreed to submit to monitoring by the French Anti-corruption Agency (“AFA”) for, respectively, 18 and 24 months.

The KW and SET CJIPs are the first to be concluded in respect of corruption offences. Helpfully, they provide (1) detail on the financial incentive of entering into a French DPA for companies with potential exposure for corruption-related offences in France, (2) clarification that co-operation and remediation can significantly reduce the financial penalty, as well as (3) the first examples of monitorships to be supervised by the AFA. However, the crucial question of how a company can qualify for a French DPA remains largely unanswered. Continue reading →