RE: Historic DPA’s20 Mar 2021 13:40
Paddy.. I very much hope you’re right. I think you may well be, and the risk reward is a good one. But the SFO have not stated they want a DPA, and - as you now agree - PFC may well want to engage on that front. The lingering concern for me is that that in previous DPA’s I cannot see a case where a senior exec has already been convicted. It is quite possible that the SFO does not want to get itself in a situation where companies are strategically assessing the risk and scale of a potential DPA, and calculating that wrongdoing is the best way forward. Hence, every now and then the SFO may well say - stuff the DPA, we’ll take them to court. Given we’ve already got a senior officer convicted, we quite fancy our chances against PFC. I hope that’s not the case, but as I state, that seems to be the difference between this case and others that have been sorted by DPA. Hopeful result - $200m DPA announced first thing Monday! ATB