Dechert’s former co-head of white-collar crime Neil Gerrard has been referred to the regulator by the High Court judge who found that the retired lawyer leaked confidential information and lied on oath.
Gerrard, 67, leaked Eurasian Natural Resources Corporation’s confidential information to the press and the Serious Fraud Office in order to expand his investigation into bribery and corruption allegations because he was ‘obsessed with making money’, Mr Justice Waksman ruled in May.
The judge also found that Gerrard ‘plainly’ lied in cross-examination about ENRC’s then-global head of compliance being interviewed by the SFO and ‘lied continuously’ about a leak to The Times which resulted in a ‘highly damaging’ article.
At a consequentials hearing this month, Waksman – who heard that Dechert has agreed a £20m interim costs payment to ENRC – ordered the international firm and its former partner to pay ENRC’s costs on an indemnity basis following Gerrard’s ‘gross betrayal of his own client’.
The judge also told the parties that he is sending his May judgment to the Solicitors Regulation Authority ‘in relation to Mr Gerrard’s conduct’, adding: ‘I am not sending [it] in relation to Dechert as a firm.’
Dechert declined to comment on the development, but said in a statement during the hearing: ‘We recognise the seriousness of the judge’s findings in relation to our former partner Neil Gerrard’s conduct. Trust among partners is integral to any partnership and, up to and including the trial, Dechert acted in good faith in reliance on the assurances given to us by Mr Gerrard.’
The SRA also declined to comment on Waksman’s decision and referred to its previous statement in which it said: ‘We await the conclusion of the court proceedings before deciding on any next steps.’ A representative for Gerrard did not reply to a request for comment.
An ENRC spokesperson said Gerrard’s conduct ‘demands immediate action by the SRA because it goes to the heart of the English criminal justice system’ and that the regulator should also investigate Dechert.
The SRA has received a number of complaints in relation to Gerrard, the Gazette understands, including one from ENRC and another from Stokoe Partnership Solicitors, which represents two Jordanian lawyers who are suing Gerrard and Dechert for alleged responsibility for their unlawful detention in Ras Al Khaimah – claims that are ‘vehemently’ denied and will be determined at a trial likely to take place next year.
