New Limits to the UK SFO's Ability to Compel Production of Evidence from Overseas May Lead to Increase in DOJ Investigations
By EsqSocial Corporation 17/02/21
On February 5, 2021, in a unanimous decision, the UK Supreme Court held that the UK Serious Fraud Office (SFO) did not have the authority under Section 2(3) of the Criminal Justice Act 1987 (the 1987 Act) to compel a foreign company that does not have a registered office and does not conduct business in the United Kingdom to produce documents it holds outside the United Kingdom. (See: R (on the application of KBR, Inc.) v. Director of the Serious Fraud Office, [2021] UKSC 2 (Feb. 5, 2021).) The...
By: McDermott Will & Emery