The general equivalent to the Department of Justice in the United Kingdom is the Serious Fraud Office (SFO).
Compared to the DOJ, the SFO does a much better job of keeping the public informed of its investigations.
Recently, the SFO updated its case archive concerning two long-standing bribery investigations involving ENRC Ltd. and Rio Tinto.
Regarding the ENRC Ltd. investigation, the SFO stated:
“The Serious Fraud Office (SFO) formally opened a criminal investigation into ENRC Ltd (previously ENRC PLC) in 2013.
Our investigation focused on the suspected payment of bribes by the company and individuals connected to it to secure access to lucrative mining contracts in the Democratic Republic of the Congo (DRC) between 2009 and 2012.
We conducted a comprehensive investigation spanning multiple jurisdictions to examine the alleged conduct and exhausted all reasonable lines of enquiry.
We review all our cases on an ongoing basis to help us deliver justice for victims and value to the public.
As a responsible prosecutor, we must ensure all our cases meet the stringent evidence and public interest tests set by the Code for Crown Prosecutors.
In August 2023, following our latest review of the investigation, we concluded that we have insufficient admissible evidence to prosecute, and closed the case.”
Regarding the Rio Tinto investigation, the SFO stated:
“The Serious Fraud Office (SFO) opened an investigation in 2017 into suspected corruption in the conduct of business in the Republic of Guinea by the Rio Tinto Group, its employees and others associated with it.
We conducted a comprehensive investigation exploring several different lines of enquiry in cooperation with international partners, including the Australian Federal Police, US Department of Justice, the US Securities and Exchange Commission and the French National Financial Prosecutor’s Office (PNF).
As a responsible prosecutor we must ensure all our cases meet the stringent evidence and public interest tests set by the Code for Crown Prosecutors.
We review all our cases on an ongoing basis to help us deliver justice for victims and value to the public.
In August 2023, following our latest review of the investigation, we concluded that it is not in the public interest to proceed with a prosecution in the UK and closed our case.”
As highlighted here, earlier this year Rio Tinto resolved a $15 million FCPA enforcement action “in connection with a bribery scheme involving a consultant to retain Rio Tinto’s existing mining rights in Guinea.”
