Investigations into Corporate Wrongdoing: the Case for Independence
2 August 2024
Seladore partners Simon Bushell, Dan Hudson and Kevin Kilgour reflect on the Serious Fraud Office’s recent decision to charge five former Glencore employees accused of conspiracy to make corrupt payments.
The piece considers the increasing need for true independence when corporates internally investigate misconduct, following recent legislative changes to extend corporate liability to conduct of “senior managers” and the introduction of the DPA regime in 2014. The perception of independence and objectivity upon first encountering misconduct is increasingly important not only to reassure key public stakeholders, but also to enhance the prospects of a successful negotiation with external agencies such as the SFO.
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