Shake-up of crime agency powers raises the potential for political interference

News that 'Britain's FBI' will assume the power to direct fraud investigations will exacerbate underlying issues that already plague the Serious Fraud Office (SFO), a leading lawyer has claimed.

Already tasked with fighting serious crime, such as child abuse and cybercrime, the National Crime Agency (NCA) is expected to be handed a seat on the SFO's board and 'power of direction' over bribery investigations.

The plans, revealed in the Financial Times, follow a review into how Britain fights corruption. However, legal experts have expressed concern over what the plans will mean for the rival agencies.

Jonathan Pickworth, a partner in the white collar crime team at White & Case, said the news would create fresh doubt over the SFO's future after a period of significant uncertainty for the independent prosecution agency.

'This will be damaging, as it will be become difficult for the SFO to attract and retain the best people, harming future leadership and their ability to control the organisation.'

Pickworth added that the news raises questions about the expertise available to investigate and prosecute complex fraud and corruption cases.

'The 1986 Roskill Report established the practice that such cases should be investigated and prosecuted by a single agency,' he explained.

'This has been the operating model for the last 28 years, and it seems odd timing for a new agency (not yet into its third year) to be directing how the SFO should do its job.'

Finally, Pickworth suggested the move brings the independence of the SFO into doubt.

'Currently, the organisation has to approach government to secure blockbuster funding to investigate and prosecute complex cases, which requires extensive resources.

'This inherently raises the potential for political interference in certain cases which is further thrown into question by enabling the NCA (and by proxy the Home Office) the power to direct investigations.'

Last week, the SFO accused Pinsent Masons of 'deliberately misinterpreting' data on the number of cases it investigates and allegations it is not properly funded.

Statistics published by the City firm show the authority saw a 13 per cent rise in tip offs in 2015, but only opened 16 new investigations.

At the time, Barry Vitou, head of global corporate crime at Pinsent Masons, said: 'It's disconcerting that such a tiny fraction of tip offs are developing into full investigations.

'The government needs to ensure that the SFO is well resourced enough to follow up all credible leads received.'