If you are facing investigation by the Serious Fraud Office (SFO) your response is of vital importance.
The right approach can make all the difference between the SFO proceeding with a case or dropping it as soon as its conduct or assumptions are questioned or challenged. We speak as a firm with huge amounts of expertise and experience when it comes to acting for corporates, senior executives and high-net-worth individuals in SFO investigations.
Major investigations involving the SFO are one of the biggest areas of work for Rahman Ravelli. We are adept at knowing exactly when and how to negotiate with the SFO and when to swiftly and robustly challenge aspects of its case and its conduct. At Rahman Ravelli, we do this every day for corporates and senior business figures. At any given time, the most high-profile and challenging SFO cases are part of our workload.
We manage the complexities of a national or multinational investigation so those at the highest levels of business can continue to function as normal. And we make sure we achieve the very best possible conclusion to any SFO investigation. We are problem solvers with a global reach as long as the SFO’s. And the personal touch.
Our skill in dealing with the Serious Fraud Office means we can pinpoint weaknesses in its case and develop the most appropriate strategy for exploiting them. But we are also experts in recognising how and when to engineer an opportunity to negotiate the most favourable outcome, such as a deferred prosecution agreement.
For many individuals or corporates, the first they know of an investigation can be when their premises or home is raided by the SFO. Alternatively, it could be when they receive a Section 2 notice from the SFO or other correspondence from it. The SFO has had as long as it wanted to plan its actions and apply for search warrants and restraint or asset freezing orders. But the right resolution to such a situation can be achieved - if a corporate or individual’s legal team has the right skills.
For years, our teams have been successfully representing clients who are being investigated by the SFO; often in cases that involve a number of countries. A well thought-out, correctly executed approach can see SFO allegations put to the test, leading to them being dropped before either charges are brought or the case goes to trial.
Read our briefing guide: Serious Fraud Office (SFO) Investigations.
Our experienced SFO lawyers are known for our ability to conduct internal investigations for major corporate clients to determine what, if any wrongdoing, has occurred. Such investigations then inform the way we manage our dealings with the SFO on a particular case. Matters such as whether to self-report problems and whether to challenge or negotiate are major decisions that can be guided by a properly-conducted internal investigation.
Speed of thought, an ability to focus on the main issues and skilful challenges to the SFO on matters such as the conduct and legality of a raid, admissibility of evidence, use of expert witnesses and the allegations themselves can ensure a client retains what is theirs and does not face prosecution.
The SFO is a unique organisation. It can order individuals to attend interviews, can offer alternatives to prosecution and has been given great scope to investigate and prosecute by legislation such as the Fraud Act 2006 and the Bribery Act 2010.
But the right approach can prevent any harm to the reputation or business of any corporate or high-level individual. We are about navigating an SFO investigation so that it is both conducted and concluded in the best way possible for those we represent.
Rahman Ravelli has helped clients navigate the complex legal landscape not only in the UK but also in the EU, US and Internationally. Some of our case work, listed below demonstrates our expertise and experience.
The Serious Fraud Office (SFO) is a specialist government department that investigates and prosecutes serious or complex fraud, bribery, and corruption in England, Wales, and Northern Ireland. It operates under the Superintendence of the Attorney General and has unique powers to compel the production of documents and information under section 2 of the Criminal Justice Act 1987. The SFO handles the most complex and high-value economic crime cases, working closely with domestic and overseas law enforcement agencies.
The SFO investigates and prosecutes cases of serious or complex fraud, bribery, and corruption — typically those involving fraud of £1 million or more, or cases that are otherwise of public importance. Recent SFO investigations have included cases involving defence and aerospace sector bribery, banking fraud, investment fraud, Ponzi schemes, LIBOR and other benchmark manipulation, and corporate bribery of overseas government officials. The SFO also investigates cases referred to it by the FCA, NCA, and overseas agencies.
Under section 2 of the Criminal Justice Act 1987, the SFO has compulsory powers to require any person to produce documents or to attend an interview and answer questions relating to an investigation. Failure to comply with a section 2 notice without reasonable excuse is a criminal offence. A person required to attend a section 2 interview is compelled to answer questions, but answers given cannot generally be used as evidence against that individual in subsequent criminal proceedings (though there are exceptions).
The SFO operates on a fully integrated basis — meaning the same team investigates and prosecutes. An SFO investigation formally commences when the Director of the SFO accepts a case. At that point, the full range of investigative powers becomes available, including section 2 notices. The investigation proceeds through evidence gathering and analysis to a charging decision. If charges are brought, the SFO conducts the prosecution in the Crown Court. This integrated model differs from other agencies where investigation and prosecution functions are separated.
Genuine cooperation with the SFO is a significant factor in the decision whether to pursue prosecution or to offer a Deferred Prosecution Agreement (DPA). The SFO has published Operational Guidance on corporate cooperation which sets out what genuine cooperation means in practice — including early self-reporting, preserving and organising evidence, facilitating access to witnesses, and not impeding the investigation. Companies that cooperate fully and genuinely may receive credit in any subsequent sentencing or DPA negotiation, though cooperation does not guarantee immunity.
Yes. The SFO has extraterritorial jurisdiction in a number of important respects. The Bribery Act 2010 extends to bribery committed anywhere in the world by UK persons or companies incorporated in the UK. The SFO can pursue UK-connected companies for conduct that took place entirely overseas, and can seek evidence from overseas via Mutual Legal Assistance. The SFO has an established track record of cooperating with foreign agencies, including the US Department of Justice, in joint cross-border investigations.
The company should immediately instruct specialist criminal defence solicitors with SFO experience. Early decisions — about document preservation, the conduct of an internal investigation, engagement with the SFO, and communications with employees and third parties — can have a profound effect on the ultimate outcome. The company must preserve all relevant documents and must not take steps that could be characterised as obstructing the investigation. A considered, informed, and strategic response from the outset is essential.
SFO investigations are among the most complex and high-stakes legal proceedings in England and Wales. They involve enormous volumes of evidence, sophisticated financial analysis, multi-jurisdictional elements, and the risk of lengthy imprisonment and substantial financial penalties. The SFO is an experienced and well-resourced opponent, and the reputational consequences of an indictment or conviction are severe and long-lasting. Specialist solicitors who regularly appear in SFO cases bring deep procedural knowledge, established counsel relationships, and the forensic capability needed to mount the most effective possible defence.
