SFO Investigations

Speak to our SFO investigation solicitors today

For a free initial consultation on your legal position and the available options, contact our local offices in London, Birmingham or Manchester.

For urgent advice SFO investigation legal advice at any time of day or night, please call our Emergency Number 07836 577 556.

You can also email: solicitors@jdspicer.co.uk or fill out our online enquiry form and we will get back to you quickly.

Our expertise

We have over 45 years of experience in handling various regulatory and criminal law matters, including those which risk leading to an SFO investigation. Our combination of experience and expertise ensures that we are able to support any individual or business who may be facing an SFO investigation. We understand that an SFO investigation can have severe implications and cause reputational damage, and thus at JD Spicer Zeb we make mitigating disruption to your life and business an absolute priority from the outset.

There are multiple stages and layers to SFO investigations, each of which can take years to carry out. As such, having access to specialist legal support from a team you can trust is essential, no matter what stage the investigative process has reached.

Our SFO investigation solicitors are available to provide immediate advice and representation on a 24/7 basis to anyone who is on the receiving end of an investigation by the SFO.

We boast a strong track record achieving positive results for our clients, including in response to prosecution proceedings that stem from SFO investigations. In these difficult situations, we will provide the robust representation you need throughout the investigation.

We are accredited by the Law Society for Criminal Litigation and have also achieved Lexcel accreditation, reflecting the high standards of our legal practice.

As a testament to our expertise and high standards of client care, our SFO investigation solicitors frequently receive referrals and recommendations from clients who have been satisfied with our legal services. Our team have been well-established for over 45 years, and thus have handled SFO investigation cases ever since the SFO was formed.

Common questions about SFO investigations

What is the Serious Fraud Office?

The Serious Fraud Office (SFO) is the primary prosecuting authority for addressing the top level of serious and complex fraud, bribery and corruption. It was set up by statute in the Criminal Justice Act 1987, and now forms part of the criminal justice system of the United Kingdom, covering England, Wales, and Northern Ireland. The SFO does not operate in Scotland, the Isle of Man, or the Channel Islands.

The SFO is a non-ministerial government department, just like the Crown Prosecution Service and the National Crime Agency. However, it is relatively unique in the sense that it both investigates and prosecutes its cases. The SFO therefore has a team of over 400 specialist caseworkers, comprised of investigators, lawyers, law clerks, and forensic accountants.

Importantly, the SFO is a specialist organisation, meaning that it is concerned only with the most serious instances of economic crime. Thus, the Director of the SFO must carefully consider each potential case and decide whether it should be investigated by the SFO, taking into account the following factors:

• The extent to which the reputation and integrity of the UK as an international financial centre is undermined
• The magnitude of actual or potential damage to the UK economy and its prosperity
• The severity of the actual or potential financial loss and the likely harm of this
• The significance of the public interest
• The novelty of the species of fraud involved

The SFO will also consider whether the complexity and nature of the alleged offence warrants the application of the SFO’s specialist skills to investigate and prosecute.

What is an SFO investigation?

The SFO is organised into four divisions: two are dedicated to fraud, one deals with bribery, and one addresses corruption. Their investigations therefore primarily focus on allegations of highly serious and complicated fraud, bribery and corruption. However, due to the complexity of the cases which the SFO is concerned with, their investigations often encompass many different forms of financial crime.

SFO investigations usually rely substantially on documents and data, such as emails, messages, and financial data. As such, a huge amount of evidence needs to be collected and analysed, and the way that the SFO conducts its investigations reflects this. The powers which underpin an SFO investigation are clearly defined by statute in the Criminal Justice Act 1987. The SFO thus have the ability to:

• Request, copy, and take extracts from documents, including confidential documents
• Conduct interviews with, and compel explanations from, any person, business, or bank regarding documents
• Obtain warrants to search premises and seize property

However, the SFO is not a police force, and therefore it cannot arrest or detain individuals as a part of an investigation. Importantly, this does not mean that those subject to an SFO investigation cannot be arrested, it simply means that the SFO must collaborate with the police or the National Crime Agency in order to employ powers of arrest.

How do the SFO investigate?

The SFO investigation process will involve a number of stages. These include:

Gathering and reviewing intelligence

After a referral to the SFO, the first step will be for a specialist SFO intelligence team to gather as much evidence related to the case as possible. This evidence will then be used to help determine whether a case should proceed further and be subject to a formal criminal investigation by the SFO, be referred to another agency, or be dropped completely.

Instructing a multi-disciplinary investigation team

If the Director decides to launch a formal investigation, a specially dedicated multi-disciplinary case team of between five and eighty people will be assembled in order to assess the various aspects of the alleged illegal activity that has taken place. Further, a case controller (normally a solicitor) will be nominated to lead the team.

Instructing international assistance

Due to the international nature of modern business, many complex investigations straddle jurisdictions, meaning that the alleged illegal conduct has occurred in more than one country. Where this is the case, it will likely be necessary for the SFO team assigned to a case to collaborate with any overseas courts and prosecutors.

Collate documents and additional information

Documents that pertain to the ongoing case will be collated, and witnesses will be interviewed.

Asset freeze

In certain situations, the SFO may deem it necessary to freeze any assets which are linked to the activity which they are investigating.

Prosecuting decision

At the conclusion of an investigation, the case controller will review all of the information and evidence that has been collected to decide whether there is sufficient legal basis to provide a realistic prospect of conviction. If there is enough evidence, and it is in the public interest to do so, the case controller will bring forward a prosecution.

How long does an SFO investigation take?

The exact length of time a given SFO investigation will take depends on a number of factors. Some SFO investigations can stay open for many reasons, including in situations where a suspect has fled the jurisdiction.

According to the SFO, between the period of 2009 to 2019, the average length of an SFO investigation was 4 years and seven months. The longest ever recorded SFO investigation lasted for 22 years (1990 to 2012).

Contact our SFO investigation defence solicitors now

For urgent legal advice or to speak to us confidentially about prosecutions arising from an SFO investigation, please do not hesitate to get in touch.

You can contact a member of our dedicated team of SFO investigation solicitors in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office:  0121 614 3333
• City of London: 0207 624 7771 our senior Solicitors and Partners can meet by appointment in the City.

You can also email us at: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and our SFO investigation defence solicitors will get back to you as soon as possible.

24/7 legal representation for SFO investigations

Please get in touch for a free initial consultation with one of our expert SFO investigation solicitors, as well as for immediate advice and representation.

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556 and we will provide you with the urgent assistance you need.