In New Guidance, SFO Outlines Internal Investigation Expectations

The SFO’s suggestion in its long-awaited Corporate Co-operation Guidance that companies should waive privilege to optimize their chances of earning full cooperation credit is not the only controversial aspect of the document. The Guidance also contains specific suggestions on how companies should preserve and produce digital evidence, maintain audit trails, assist prosecutors in identifying materials to assist accused individuals and consult with the SFO before taking overt steps in an investigation. We spoke with practitioners in London to understand how the Guidance affects corporates under investigation. See “SFO Guidance Moves Toward Transparency but Offers No Guarantees” (Sep. 18, 2019).

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