BCL partner, Richard Sallybanks spoke to Bloomberg Business to explain the irony that on the day the SFO was ultimately unsuccessful in its prosecution of the individuals, the terms of the DPA can enter the public domain.
Below is a short excerpt from the article* that can be found in full on the Bloomberg website.
‘Richard Sallybanks, partner at BCL Solicitors, who represented Scouler said it was ironic that on the day the SFO was ultimately unsuccessful in its prosecution of individuals, the terms of the DPA can enter the public domain.
“Serious issues can be raised as to the fairness of the DPA process,” Sallybanks said in an emailed statement. “The problem with DPAs for this type of offence is when their terms label people as guilty when they are not. Those people have no right of redress.”
Richard Sallybanks is a partner at BCL Solicitors LLP specialising in complex business crime and regulatory defence work. Richard has been involved in numerous SFO, FCA, HMRC & CMA investigations and prosecutions, together with associated restraint and confiscation proceedings. His recent SFO experience includes the Alstom, Barclays Qatar, and Tesco investigations (acting for senior individuals under suspicion), as well as acting for Robert Tchenguiz in the SFO’s Kaupthing Bank investigation (including the successful Judicial Review challenge to SFO search warrants). Richard has acted in a number of FCA criminal and regulatory investigations for brokers, traders and senior executives, including in relation to allegations of insider dealing and market abuse. He is experienced in cartel investigations, both domestic investigations conducted by the CMA and cross-border anti-trust investigations (including those conducted by the US DoJ). Richard is also experienced in the international mutual legal assistance regime, and in leading and co-ordinating teams of lawyers in multi-jurisdictional investigations.
*This article was first published by Bloomberg on 24th January 2019. Full details can be found here.