In this episode I visit with Sacha Harber-Kelly, a partner at Gibson Dunn in the UK and Steve Melrose, a senior Associate at the firm. They authored what I think is one of the best summaries of the recent Serco Graphic Deferred Prosecution Agreement and they came on the podcast to flesh out some of their thoughts on the matter. Highlights from the podcast include:
1. What is the significance of this Serco DPA?
2. What was the court’s analysis?
3. Why did the court deem the DPA in the interest of justice?
4. What did the court say about the seriousness of the conduct?
5. What was the company’s cooperation and how did that play into the court’s analysis?
6. What would have been the collateral consequences to the company had it been convicted at trial?
7. How did the court view the strength of the evidence brought forward by the SFO?
8. What was the court’s discussion around whether or not the terms of the DPA fair reasonable and proportionate?
9. What is the significance of postponement of the Statement of Facts?
10. Does the Serco Graphix DPA provide any additional guidance beyond prior DPAs issued in the UK?
