2020-111 – Number of DPAs
?>Date Answered: 19 August 2020
The total number of Deferred Prosecution Agreements (DPAs) you have arranged since the inception of the programme till date.
The Serious Fraud Office (SFO) has entered into eight DPAs since they were introduced on 24 February 2014.
Could you also provide a list of the entities that have been put under this arrangement from inception till date and the reason why each entity has been placed under the arrangement.
A DPA is an agreement between a designated prosecutor and an organisation which is subject to court approval. In order to grant approval, the court must be satisfied that a DPA is in the interests of justice and that its terms are fair, reasonable and proportionate. Additionally, a declaration to this effect is required and the court must give reasons.
Further information on DPAs and their use by the SFO can be found here.
In practice, the court has provided a written judgment in relation to every DPA to date. It follows that you will find the court’s reasons for approving each DPA in the relevant judgment. In addition, these comments are summarised in the ‘In Consideration Of’ section of the DPAs. Links to the judgment documents and DPAs are provided in the below table.
Please also provide information relating to entities that have successfully complied with the arrangement and when.
Table Two |
||
Organisation |
Date |
Link |
Standard Bank |
The terms of the DPA were met and the DPA concluded on 30 November 2018. |
Details of Compliance: https://www.sfo.gov.uk/download/serious-fraud-office-and-standard-bank-plc-details-of-compliance/ |
Sarclad |
The terms of the DPA were met and the DPA concluded on 16 July 2019. |
Details of Compliance:
|
Rolls-Royce |
The DPA will be in force until the earlier of: a. 17 January 2022; and b. a date after 17 January 2021 on which the SFO, following a reasonable request from Rolls-Royce, confirms in writing to Rolls-Royce that the DPA has concluded.
|
|
Tesco |
The terms of the DPA were met and on 7 April 2020, the SFO served a Notice of Discontinuance on the Court. The three-year term of the DPA came to end on 10 April 2020.
|
Notice of DPA Discontinuance: https://www.sfo.gov.uk/download/notice-of-dpa-discontinuance/ |
SGL |
The three year term of the DPA will end on 4 July 2022.
|
The terms of the DPA are provided in link in Table One.
|
Güralp |
The three year term of the DPA will end on 22 October 2024.
|
The terms of the DPA are provided in link in Table One.
|
Airbus |
The three year term of the DPA will end 31 January 2023.
|
The terms of the DPA are provided in link in Table One.
|
G4S C&J |
The three year term of the DPA will end 17 July 2023. |
The terms of the DPA are provided in link in Table One. |
And finally, could you please provide a list of the fines imposed on all entities this arrangement has been offered.
Table Three |
||||
Organisation |
Financial Penalty |
Compensation |
SFO Costs |
Disgorgement of Profits |
Standard Bank |
US$16,800,000
|
US$ 6,000,000 Plus interest of US$ 1,046,196.58
|
£330,000 |
US$ 8,400,000
|
Sarclad |
£352,000 |
N/A |
N/A |
£6,201,085
|
Rolls-Royce |
£239,082,645
|
N/A |
£13,000,000
|
£258,170,000 |
Tesco |
£128,992,500 |
N/A
|
£3,069,951 |
N/A |
SGL |
£19,200,000 |
£12,800,0001
|
£3,723,679 |
£12,800,0002
|
Güralp |
N/A |
N/A
|
N/A |
£2,069,861 |
Airbus |
€398,034,571 |
N/A
|
€6,989,401 |
€585,939,740 |
G4S C&J |
£38,513,277 |
£21,396,2653
|
£5,952,711 |
£21,396,2654 |
The SFO and SGL further agreed that Serco Group’s 2013 payment of £20 million, approximately £13.1 million of which addressed the time period described in the Indictment, shall be credited against that compensation amount, and that therefore no additional compensation for the offences alleged in the Indictment shall be sought from or paid by SGL or Serco Group to the MoJ.
The 2013 Settlement Agreement payment also represents disgorgement of Serco’s profits. Therefore no additional disgorgement based on the offences alleged in the Indictment shall be sought from or paid by SGL, Serco Group, or their affiliates.
The SFO and G4S C&J agree that G4S C&J’s 2014 payment of £22,115,505 shall be credited against that compensation amount, and that therefore no additional compensation for the offences alleged in the Indictment shall be sought from G4S C&J or paid by G4S C&J to the MoJ.
The SFO and G4S C&J agreed that G4S C&J’s 2014 payment of £22,115,505 shall be credited against that disgorgement amount, and that therefore no additional disgorgement based on the offences alleged in the Indictment shall be sought from or paid by G4S C&J.