'LESSONS FROM 'STANDARD BANK' AND 'SFO v XYZ Ltd'
Since the introduction of Deferred Prosecution Agreements in February 2014 there have been two successfully approved settlements – 'Standard Bank' and 'XYZ Ltd'. The former, concluded in November 2015, set the template to be followed for future agreements. The latter, finally confirmed on 11th July 2016, clarified and substantially extended the jurisprudence in this field of law.
Instructed by the Serious Fraud Office, barristers from QEB Hollis Whiteman were involved in both cases: Crispin Aylett QC was leading counsel in 'Standard Bank', whilst Zoe Johnson QC and Paul Raudnitz were respectively leading and junior counsel in the 'XYZ Ltd' case. Rod Fletcher and Susannah Cogman, both of Herbert Smith Freehills who represented Standard Bank have also kindly agreed to join this Panel Discussion.
This seminar represents a unique opportunity to review these two landmark cases and identify the issues that typically arise in DPAs. It will include short talks by those involved in the cases, followed by a question and answer session in which you will be free to pose questions direct to the panel.
Topics to be considered will include:
The use of DPAs
The scope of the DPA
The position of individuals
Interaction with other jurisdictions
Internal and external investigations
Claims of legal professional privilege