An article written by Jonathan Fisher QC was cited with approval by the Law Commission in its report on the SARs Regime. The report is an in-depth examination of the regime and broadly concludes that its current formulation encourages too many low-quality reports. Part of the report considered the anti-money laundering regime’s extra-territoriality, for which the Law Commission cited Jonathan’s article about the implications for practitioners of the wide jurisdiction of the UK’s anti-money laundering laws.
Jonathan was also quoted in an article published by The Brief, entitled “DPAs: good deals or a two-tier system?”. It examines the effectiveness of the UK’s corporate DPA regime compared to individual DPAs, currently available in the US. Jonathan confirms that individual DPAs might present a more favourable option for some than the risk of criminal conviction. But importantly, as regards the possible creation of a ‘two-tier system’, Jonathan warned that the individual DPA regime could expose the SFO to accusations that it is allowing wealthy criminals to buy their way out.