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Dechert, UK fraud watchdog and ENRC resolve criminal probe

The Serious Fraud Office of Britain has settled with a Kazakh mining company ENRC that accused the agency and law firm Dechert for causing them huge losses during an important criminal investigation.

The settlement announced on Wednesday by ENRC and Dechert appears to bring to an end the more than 10 year legal saga that began when the SFO began investigating allegations of bribery committed by ENRC between 2009-2012 to secure mining contracts for the Democratic Republic of Congo, which the company denies.

The London High Court previously ruled that the SFO wouldn't have opened an investigation into the alleged bribery if it hadn't first persuaded Neil Gerrard's former lawyer at Dechert for ENRC to act against the miner’s interests.

In 2023, the SFO dropped their investigation and did not file criminal charges. They said at that time that "insufficient admissible proof to prosecute" was available.

ENRC, an ex-FTSE 100 company, sought around $76m?in "unnecessary expenses" that it claimed it incurred during the SFO probe and approximately $90m in increased borrowing costs, after the investigation became public. Plus interest.

The SFO, Dechert and the ENRC were all fighting for damages. A trial was held earlier this year in order to determine what, if any, ENRC would receive.

EnRC and Dechert announced on Wednesday, before the High Court's ruling, that the case had been settled, but without disclosing any terms.

In separate, but identical, statements, an 'ENRC spokesperson, Dechert LLP, and David Neil Gerrard said that they had concluded their 'proceedings on terms of confidentiality.

SFO and Gerrard’s lawyer didn't immediately respond to comments.

ENRC had sued separately the SFO, the former case controller of the ENRC investigation and a former employee over alleged leaks to journalists. This case was settled by 2024.

(source: Reuters)