Your article on internal investigations contained the suggestion that the Serious Fraud Office is trying to have its cake and eat it in requesting internal investigations, and then requiring waivers of privilege over the results.
It was wrong to do so.
We do not require companies to investigate themselves: that is our job. We do not prevent parties caught up in our investigations from relying on privilege: their decision to claim privilege is entirely a matter for them.
Where lawyers instructed by a corporate have spoken to witnesses, we will also want to know what those witnesses said.
We regard this as a responsible and reasonable line of enquiry; and, even if we can be persuaded that privilege genuinely attaches, we do not regard ourselves as in any way constrained from inviting (not requiring) waiver.
David Green CB QC, director, SFO, London SW1
