United Kingdom
The Serious Fraud Office
1. History
The Serious Fraud Office commenced operation in April 1988. It has been responsible for the investigation and prosecution of some of the biggest frauds in British history. The SFO and its powers were created by the Criminal Justice Act 1987 (as amended).
The impetus for introducing the Criminal Justice Act 1987 and creating the SFO was the Fraud Trials Committee Report, commonly known as 'the Roskill Report' published in 1986. Its main recommendation was the setting up of a new unified organization responsible for the detection, investigation and prosecution of serious fraud cases. In the UK during the 1970's and early 1980's there was considerable public dissatisfaction with the system for investigating and prosecuting serious and complex fraud. The government established the Fraud Trials Committee, an independent committee of inquiry, in 1983. Chaired by Lord Roskill, it considered the introduction of more effective means of fighting fraud through changes to the law and to criminal proceedings.
2. Structure
There are four investigation and prosecution divisions, each headed by an Assistant Director. Each division contains a number of multi-disciplinary case teams comprising lawyers, financial investigators and support staff. Each operational division covers cases of fraud committed in its own geographic area of the country within the SFO's jurisdiction. However, as a large proportion of cases originate in London these are shared between the divisions.
3. Function
The Serious Fraud Office is an independent government department that investigates and prosecutes serious or complex fraud. It is part of the UK criminal justice system. Its aim is to investigate and prosecute serious and complex fraud and so deter fraud and maintain confidence in the probity of business and financial services in the United Kingdom.
The Office is headed by the Director who is appointed by and accountable to the Attorney General. The Attorney General is appointed by the Prime Minister and is responsible to Parliament for:
- the Serious Fraud Office
- the Crown Prosecution Service
- the Treasury Solicitor's Department
- the Department of the Director of Public Prosecutions for Northern Ireland
- the CPS Inspectorate
England, Wales and Northern Ireland fall within the SFO's jurisdiction.
The SFO does not have jurisdiction over Scotland, the Isle of Man or the Channel Islands.
4. Achievement
Since its inception in 1988, the Serious Fraud Office of the UK has made a great contribution to the establishment of a clean governance and maintaining the integrity of the Public administration. In the annual report year of 2004/05, the Serious Fraud Office has been a busy one with the completion of 22 cases involving 61 defendants of whom 37 were convicted. Of the remainder, 21 were acquitted and three had their trials stopped on grounds of ill health. It commenced 23 new domestic investigations including 18 from the 67 referrals made to us during the year. Throughout the year it worked on a total of 94 cases, and at the year-end there were 50 cases under investigation, 13 awaiting trial and five trials part-heard; a total of 68 live cases.
Confiscation orders made against 17 defendants totaled more than ￡17.5 million. Restraint and confiscation of the proceeds of the crime, to deprive the offender of the benefit, now occupy a much more prominent position in our planning of investigations and prosecutions. To enhance our capability in this respect a separate unit is being set up to provide additional support to the case teams.
Last year the part played by the Serious Fraud Office in assisting with the investigation of crimes overseas - with a total value of approximately ￡34 billion - was as highly regarded as it was effective. Consequently we have excellent relations with our colleagues abroad.
Over the past five years, there have been 82 trials involving 192 defendants of whom 135 were convicted, producing a conviction rate of 70% for the 2001-2005 time period.
5. Contact
Mr. Robert Wardle
Director of the SFO
Elm House
10-16 Elm Street
London WC1X 0BJ
UK
Tel: +44 20 7239 7110
Fax: +44 20 7833 5436
Email:
6. Resources