The Serious Fraud Office (SFO) which has jurisdiction over England, Wales and Northern Ireland but not over Scotland, the Isle of Man or the Channel Islands, is part of the criminal justice system which investigates and prosecutes complex fraud in addition to recovering illegally obtained assets using the Proceeds of Crime Act 2002. SFO cases always involve crimes with a large potential monetary value and frequently have an international dimension often with the involvement of cross border co-conspirators.
Case acceptance criterion for the Serious Fraud Office depends on whether the suspected crime appears to be so serious or complex that its investigation should be carried out by those responsible for its prosecution. The SFO only takes on cases involving major and complicated fraud after consideration of numerous factors including:-
* the value of the alleged crime which will usually exceed £1 million
* the possibility of widespread public concern
* consideration of any significant international dimension
* does the alleged offense involve highly specialized knowledge
* does the case require use of the SFO's special powers to prosecute successfully
The fact that a case is referred to the SFO does not necessarily mean that the outcome is a foregone conclusion. Despite the massive resources of the SFO the conviction rate for cases handled by the SFO is less than two thirds of those prosecuted. Anyone convicted also has more than a possible sentence of imprisonment to contend with as the SFO is now aggressively targeting assets using the Proceeds of Crime Act 2002 and has set up a unit specifically to work out how to take away hidden cash which may in due course influence which cases the SFO decides to pursue.
Serious Fraud Office cases usually involve the analysis of numerous documents and records often following years of investigation by specialist teams of police officers and professionally qualified civilian experts. If you are being investigated by the SFO or have been arrested or charged with an offense you will need the help of an expert lawyer to ensure fair treatment. If you have been convicted and need advice on the Proceeds of Crime Act 2002 it is in your interests to be represented by a specialist who will give you clear advice on your legal rights.
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