Shaul Brazil discusses SFO’s failed Barclays Executive case with Law360

Shaul Brazil discusses SFO’s failed Barclays Executive case with Law360

Shaul Brazil is quoted in Law360’s article titled ‘SFO Pursuit Of Barclays Execs ‘Lies In Tatters’ After Acquittals’ discussing the SFO’s case against  three former Barclays executives.

Here’s an extract from the article featuring Shaul’s quotes:

The case centered on allegations that Jenkins, Barclays’ former head of Middle East investment; Kalaris, the former head of Barclays’ wealth unit; and Boath, the investment banking arm’s former
European co-head of financial institutions, devised a sham side advisory services agreement with Qatar to funnel £322 million in secret fees to the Gulf state.

But the SFO’s case was hamstrung by the fact that the bank’s board and lawyers, including its general counsel Mark Harding and external law firm Clifford Chance LLP, had approved the deal as a legitimate way to pay the Qataris their extra fees as long as genuine services were provided.

The SFO also failed to call any live witnesses to back up its claim the lawyers had been duped into signing off on the agreement, while none of the attorneys were charged with any offense.

“It was extremely damaging to the SFO’s argument,” said Shaul Brazil, a partner at BCL Solicitors. “The case couldn’t be properly brought on the basis they brought it faced with the facts the
agreements had been reviewed and approved by internal and external lawyers who are not accused of any wrongdoing.”

“The SFO’s case was incoherent and internally inconsistent and frankly did not make sense,” BCL’s Brazil said. “The SFO tried to smash square pegs into round holes.”


This article was originally published by Law360 on February 28th 2020. You can read the full article here via pdf or on their website.

Shaul Brazil is a partner at BCL specialising in business crime and regulatory enforcement, acting for individuals and companies in complex cross-border matters. He has extensive experience advising on multi-jurisdictional corruption and fraud investigations, asset recovery proceedings (in the UK and overseas), and extradition proceedings (in particular, politically motivated requests). He has acted in numerous high-profile investigations and prosecutions brought by the SFO and many other UK and overseas enforcement authorities.