Evolving Compliance Enforcement: Insights from the Annual Compliance Conference
The Shifting Landscape of Enforcement
At the recent Annual Compliance Conference held in London, a session titled "US and UK Enforcement in the Current Climate: Strategic Shifts and Global Implications" offered a deep dive into the changing enforcement landscape across the UK, US, and Latin America. The discussions revolved around strategic priorities, inter-agency collaboration, and the practical impacts of recent policy changes—a hot topic in today’s compliance discourse.
Focus on UK Enforcement
In the UK, the Serious Fraud Office (SFO) is refining its approach to enforcement, prioritizing global cooperation and domestic legal reform. David Knott, a Case Controller at the SFO, highlighted that the office employs a principled selection process rather than pursuing cases based solely on industry themes. Factors such as public interest, reputational damage, and the necessity of the SFO’s statutory powers play a crucial role in deciding which cases to pursue. With more than 1,300 fraud allegations reported annually, the SFO’s strategy emphasizes high-impact cases—recent investigations into Rockfire Investment Finance and AOG Technics illustrate this targeted focus.
Furthermore, Knott discussed updated corporate cooperation guidance that sets clear expectations for companies. This guidance encourages early engagement, regular updates, and timely resolution of investigations, signaling a shift toward a more pragmatic approach to corporate engagement, even if self-reporting remains optional.
Strengthening the Role of Other UK Agencies
The landscape is not limited to the SFO. Other UK enforcement bodies, particularly the National Crime Agency (NCA) and the Crown Prosecution Service (CPS), are amplifying their roles in the realm of white-collar crime. The NCA is stepping up efforts against bribery and corruption, evident from their involvement in politically charged cases—like the gem-mining license scandal associated with Madagascar’s President. Meanwhile, the CPS has made strides by entering its first Deferred Prosecution Agreement (DPA) with Entain and continuing to pursue individual prosecutions, as seen in the ongoing NatWest case. These developments illustrate a growing institutional commitment to enforcing compliance and leveraging corporate intelligence.
Shifting Priorities in the US
Across the Atlantic, the enforcement of the Foreign Corrupt Practices Act (FCPA) is witnessing a shift under the current US administration. The Department of Justice (DOJ) is prioritizing individual misconduct over corporate prosecutions, particularly in cases involving national security or terrorism. New guidance provides significant incentives for companies that voluntarily disclose misconduct and cooperate with authorities, marking a notable shift from the DOJ’s historically stringent enforcement regime. This recalibration not only alters the dynamics of corporate compliance but also presents fresh challenges for general counsel as they strategize their engagement with enforcement authorities.
Latin America’s Compliance Climate
Turning to Latin America, the region remains critical in the context of anti-corruption initiatives, increasingly influenced by global trends. Despite a perceived easing of US enforcement, businesses operating in Latin America face intense scrutiny to uphold robust compliance frameworks. The classification of cartel organizations as terrorist entities has amplified this vigilance, particularly in sectors characterized by complex supply chains. Local enforcement mechanisms are evolving rapidly, as evidenced by Brazil and Chile implementing new liabilities for corporate misconduct. The variation in legal privilege and data protection laws across jurisdictions adds another layer of complexity, underscoring the necessity for tailored compliance strategies that respect regional nuances.
Moreover, cross-border cooperation—especially among UK, French, and Swiss authorities—is playing a pivotal role in addressing the enforcement gaps created by shifts in US policy. This collaborative approach helps bolster enforcement measures and improve the integrity of compliance operations across multiple jurisdictions.
Engaging with the Conference Materials
For those interested in deeper insights, all materials from the Annual Compliance Conference 2025 are available for access. This resource provides an opportunity to delve into the discussions and findings that shape today’s compliance landscape.
Featuring Insights from:
David Knott
Case Controller, Serious Fraud Office, UK
The evolving enforcement landscape discussed at the conference signals a period of both challenge and opportunity. As regulators refine their strategies and companies adapt to new compliance realities, understanding these dynamics will be crucial for professionals navigating this complex environment.
