§ Mr. Simon ThomasTo ask the Solicitor-General what criteria are used by the Serious Fraud Office to determine whether to initiate an investigation into bribery of a foreign public official. [151400]
§ The Solicitor-GeneralThe key criterion the SFO uses when deciding whether to accept a case is that the suspected fraud appears to be so serious or complex that its investigation should be carried out by those responsible for its prosecution. The following factors are taken into account:
- 1. The sum at risk is estimated to be at least £1 million (this is simply an objective and recognisable signpost of seriousness and likely public concern rather than the main indicator of suitability).
- 2. The case is likely to give rise to national publicity and widespread public concern. This would include cases involving Government Departments, public bodies, the governments of other countries as well as commercial cases of public interest.
- 3. The investigation requires a highly specialised knowledge of, for example, financial markets and their practices.
- The case has a significant international dimension.
518W - 5.There is a need for legal, accountancy and investigative skills to be brought together in a combined operation.
- 6. The suspected fraud appears to be complex and one in which the use of Section 2 powers (Criminal Justice Act 1987) might be appropriate.
The SFO does not have separate criteria that apply to allegations of bribery of a foreign public official. Allegations of this nature would have to meet the above criteria for the SFO to commence an investigation.
§ Mr. Simon ThomasTo ask the Solicitor-General how many referrals there have been since 1997 to the Serious Fraud Office where bribery of a foreign public official has been an ancillary offence to another offence; and in how many instances since 1997 the SFO has investigated or prosecuted a company or individual for an offence to which bribery of a foreign public official was ancillary, or in which bribery of a foreign public official may have played a part. [151402]
§ The Solicitor-GeneralThe SFO have identified five referrals since 1997 where bribery of a foreign public official may have been an ancillary allegation of the wider matter referred. One case is currently under investigation for other offences. The other cases have not resulted in prosecution for any offences.
The SFO does not routinely record all potential offences that may exist within a referred matter. As such there may have been other referrals that included an element of bribery of foreign officials that was not recorded.