Overview
Global Investigations Review quoted John Rupp in an article titled “Standard Bank DPA: what’s in a name?” The article, published April 22, discusses the lawfulness of naming accused individuals in Deferred Prosecution Agreements (DPAs) without giving them a right of reply with particular respect to the country’s first ever DPA involving Standard Bank.
The article also compares the Serious Fraud Office (SFO) with other UK authorities such as the Financial Conduct Authority (FCA) that are bound by statute to give accused individuals a right to respond to allegations and the potential legal ramifications. Mr. Rupp says that the absence of similar statutory obligation weighs in favour of the SFO should a judicial review challenge take place in the future. “The SFO would argue that parliament has explicitly imposed a notification obligation on the FCA but has not done so with respect to the SFO to distinguish between the agencies.” However, Mr. Rupp adds that the SFO should offer a right to reply as a matter of good policy, stating that it will “preserve the perception of the SFO’s being committed to fair play.”
Read the full article at Global Investigations Review.