Bark & Co Solicitors London: Deferred Prosecution Agreements

http://apps.bebo.com/widepr/press_release/41014/bark_co_solicitors_london_deferred_prosecution_agreements.html

The director of the Serious Fraud Office (SFO) and the Solicitor General, Edward Garnier QC, have recently made no secret of the fact that they consider the criminal justice system to be incapable of dealing with corporate prosecutions in a way that refects commercial realities. The blunt impact of a prosecution of a company has the impact of damaging innocent parties including employees, shareholders and creditors. Garnier cited the cautionary example of the ill-effects of prosecution caused to Arthur Andersen, eventually acquitted on charges of obstruction of justice by the US Supreme Court, many years after the allegations had destroyed the company. US prosecutors have a tool at their disposal, the deferred prosecution agreement (DPA), which is being touted as a viable alternative to the present options of either prosecution or civil recovery. Much of the impetus 
for the reform has been caused by the difficulties faced by the SFO when they sought to prosecute Innospec. The SFO effectively had already agreed with the company, pre-sentencing, the nature of the sentence in return for a guilty plea. This was criticized by Thomas LJ who reminded the SFO that it is for the Judge to determine sentence at his discretion and especially that any plea must be “rigorously scrutinized in open court”.

Bark & Co

http://www.chambersandpartners.com/uk/Firms/67001-45155

THE FIRM Bark & Co is one of the UK’s leading fraud and business crime firms. The firm’s highly-skilled lawyers are committed to providing expert advice at every stage of proceedings. The firm’s principal aims are to avoid expensive litigation whenever possible and to fight tenaciously to protect its clients’ interests.
Established in 1996 by Giles Bark-Jones, Bark & Co has developed into one of the Country’s most progressive and successful fraud firms. A founder member of the Specialist Fraud Panel, the firm specialises in commercial and criminal fraud as well as serious crime, business and tax regulation, tax investigations and corporate obligations associated with health and safety enforcement. The firm acts for private individuals as well as national and international companies. It has also established itself as a leader in the field of cash and asset recovery in both criminal and civil courts.
Bark & Co prides itself on the individual expertise of its lawyers, the collective strength of its specialist teams and their skill in tailoring advice to match each client’s individual circumstances. Bark & Co’s rigorous commitment to quality of advice and personalised service has lead to significant work through referrals by both clients and other leading law firms.

PRINCIPAL AREAS OF WORK Bark & Co handles a wide range of high-profile white-collar crime and fraud cases, including prosecutions and investigations brought by the Serious Organised Crime Agency (SOCA), HM Revenue & Customs, the Serious Fraud Office (SFO), the Financial Services Authority (FSA), the Special Compliance Office of the Inland Revenue, the Crown Prosecution Service (CPS), Trading Standards and other prosecuting bodies.