Nick Johnson makes YouTube debut
September 4, 2014
Fraud specialist Nick Johnson has worked with Evan Wright, a partner in the business crime team at JMW Solicitors, to film two informative videos, post on YouTube on Deferred Prosecution Agreements (DPAs).
DPAs were introduced in Schedule 17 and s.45 of the Crime and Courts Act 2013, and came into force on 24 February 2014. They are supplemented by a new Part 12 to the Criminal Procedure Rules and the SFO have issued a DPA Code of Practice.
The videos, which are posted on YouTube, will also be available on JMW’s website at www.jmw.co.uk
Commenting on the videos Nick Johnson said:
“I was delighted to work with Evan on this initiative. We hope the videos will help potential clients to understand the issues involved in Deferred Prosecution Agreements, which have been operating in the US for many years, and how to conduct their business both compliantly and efficiently. The enforcement landscape is changing and corporate entities, if they have not already done so, are going to have to adapt accordingly.”
Under a DPA a prosecutor prepares criminal charges against a company but proceedings are suspended upon terms which, if complied with, will avoid a criminal prosecution. The company agrees to a number of conditions, such as paying a financial penalty, improving compliance policies and practices and co-operating with future prosecutions of individuals. If the company does not honour the conditions, the prosecution may resume.
DPAs can be used for fraud, bribery, money laundering, some Theft Act offences and other economic crime. This includes the corporate strict liability criminal offence of failing to prevent bribery under s.7 of the Bribery Act 2010. They currently apply only to organisations, not individuals.
Click on the links below to view the videos now: