Upon the last of the three former Tesco executives being recently cleared of any dishonesty over its £250 million accounting scandal at Southwark Crown Court the solicitor for Carl Rogberg joined those who had acted for the other two defendants in objecting to the publication of a Deferred Prosecution Agreement (‘DFA’) by the Serious Fraud Office (‘SFO’) which set out Tesco’s version of the events saying:
‘Mr Rogberg feels the law has let him down. He believes the DPA was agreed for commercial purposes and throws justice and truth to the wind, and him with it’.
What Is A DPA? | Kangs Financial Fraud Advisory Solicitors
In order for Tesco to agree a DPA dishonesty had to be attributed to those in control of the company. Only four DPAs have been signed in the UK and this is the first where those involved have been named publicly.
The key features of a DPA are:
- It enables a corporate body to make full reparation for criminal behaviour without the collateral damage of a conviction
- To be finalised, there must be supervision by a Judge who considers it to be in the interests of justice and that it is ‘fair, reasonable and proportionate’
- The cost and inconvenience of a lengthy trial is avoided
- There is a transparent public event.
How does a DPA Work?
- Proceedings commenced by a Prosecutor are automatically suspended if the DPA is approved by a Judge
- DPA negotiations will only be offered if there is full cooperation with SFO negotiations
- The company will have to agree to terms such as the payment of compensation and cooperating with any future prosecutions of individuals.
- If at any time the cooperation ceases, the prosecution may resume.
How Can We Help? | Kangs Serious Fraud Defence Solicitors
We are regularly instructed in investigations brought by the Serious Fraud Office, the Financial Conduct Agency, the City of London Police and Scotland Yard’s Fraud Squad.
We are specialists in fraud and this year received national recognition by winning the Legal 500 ‘Crime, Fraud and Licensing Law Firm of the Year‘.
Should you require any advice in relation to an allegation of fraud please not hesitate to contact one of the following: