SFO guidance on evaluating compliance programs short on specifics, experts say

Companies looking for greater certainty about how they might avoid criminal prosecution for bribery, fraud, and corruption offences may find they’re going to be disappointed if they’re looking for definitive answers in the latest guidance from the U.K.’s main fraud investigator, say experts.

In November, the U.K. Serious Fraud Office (SFO) released updated guidance about how it evaluates corporate compliance programs when deciding whether to take companies to court, or offer them a deferred prosecution agreement (DPA) instead. But lawyers warn that although the guidance provides more transparency about the decision-making process, it does not provide much more clarity about what a “good” compliance program might look like.