Lisa Osofsky | |
---|---|
Director of the Serious Fraud Office | |
In office September 2018 –August 2023 | |
Minister | Geoffrey Cox Suella Braverman Michael Ellis Victoria Prentis |
Preceded by | David Green |
Succeeded by | Nick Ephgrave |
Personal details | |
Born | 18 September 1961 |
Nationality | American British |
Spouse | Marc Wasserman |
Alma mater | Amherst College Harvard Law School |
Occupation | Lawyer |
Lisa Marie Osofsky (born 18 September 1961) is an American-British lawyer who served as Director of the UK's Serious Fraud Office (SFO) from September 2018 until August 2023. [1] [2] She was succeeded by Nick Ephgrave. [3]
Osofsky has dual American and British nationality. [1] She earned a bachelor's degree from Amherst College,and a juris doctor from Harvard Law School. [2]
Osofsky worked for the FBI as deputy general counsel. [4] She was then managing director and European head of investigations at Exiger,whom she joined in 2003. [4] [5]
She began her career working as a US federal prosecutor,taking on white collar crime cases including defence contractor and bank frauds,money laundering and drug related conspiracies. She spent five years as Deputy General Counsel and Ethics Officer at the FBI and was seconded to the SFO whilst a Special Attorney in the US Department of Justice’s Fraud Division. She was also called to the Bar in England and Wales. [6]
Osofsky has worked three years for Goldman Sachs International as their Money Laundering Reporting Officer [7] and spent seven years in the Corporate Investigation Division of Control Risks,where she advised on compliance issues. [6]
Prior to joining the SFO,Osofsky worked for Exiger,a global governance,risk and compliance advisory firm,where she served as Regional Leader and Head of Investigations for Europe,Middle East and Africa. [6] In this capacity she was also in charge of monitoring a Deferred Prosecution Agreement (DPA) which the HSBC’s signed with the US Department of Justice. [8]
In June 2018,it was announced that Osofsky would succeed the SFO's interim director Mark Thompson (who was standing in since David Green left) on 3 September. [4]
During her term she had repeatedly faced severe criticism. [9] In particular Osofsky’s handling of numerous cases,including,KBR,Serco and the so called “Unaoil”investigation was commented by lawmakers as marked by “serious and very,very basic errors”. This led to speculation over her future. [10] especially when the then Attorney General,Suella Braverman QC MP,launched an independent review [11] into the SFO,commissioning [12] a “forensic and robust” [13] [14] probe of Osofsky’s agency in February 2022,piling pressure on SFO director Lisa Osofsky. [15] It was conducted by a former director of public prosecutions and a retired High Court judge Sir David Calvert-Smith [16] Braverman first announced a planned SFO review [17] [18] in December 2021 after the Court of Appeal quashed the conviction of a former executive at Unaoil,criticising the SFO for disclosure failures that it said undermined his right to a fair trial. [19] [20] [21]
On the day,the Attorney General pledged its “forensic and robust”review [22] into the watchdog and its director,giving evidence to the House of Commons Public Accounts Committee on 9 February 2022 [23] as to why the SFO was at risk of over-spending on its budget that year,Lisa Osofsky admitted,the SFO staff “are human beings. We make mistakes”. [24] [25] Less than 1 month later,in March 2022,the SFO’s director refused to answer questions from MPs about the quashing of a second former oil executive’s bribery conviction,saying she did not want to ‘impinge on’a judge-led review of the watchdog’s disclosure failures. [26] [27]
Lisa Osofsky was finally judged [28] [29] to have made a “number of mistakes and misjudgments” [16] [30] in her handling of a prosecution which has ultimately resulted in the convictions of three businessmen being overturned. [31] [32] SFO head was criticized for failings that denied defendant fair trial. [33] The report criticized and exposed “fundamental failures” [33] at the UK’s anti-fraud agency,including Osofsky’s use of her personal mobile,lack of accountability,undocumented and unminuted meetings with a fixer. [33] [34] It also attested major errors as severe mishandlings of cases,disclosure failures, [35] amplified by the impression that a U.S. fixer had the “seal of approval” [28] from the director. and “toxic”relationship between staff and senior management. [33] Piling fresh pressure on SFO Director Lisa Osofsky,serious problems included a failure to properly record meetings,the use of personal mobile phones,disclosure failures and distrust between senior management and the case team,amplified by the impression that a U.S. fixer had the "seal of approval" from the director. [36] [37] [38] A “damaging culture of distrust between the case team and senior managers [12] developed,the review said. [39]
Emily Thornberry MP,Labour’s Shadow Attorney General,responding to Sir David Calvert-Smith’s report into the Serious Fraud Office’s handling of the Unaoil case,said: [40] “It is clear that the hard-working investigative staff at the SFO were repeatedly undermined by senior managers whose combination of gullibility and arrogance allowed a fixer for the Unaoil owners to manipulate their management of the case. Susan Hawley,executive director at anti-corruption charity Spotlight on Corruption,said:‘This is a grim day for the SFO” [36] [41] [42] led by Osofsky. But only in October 2022 did Osofsky finally admit to MPs [43] that she was taken in by an ex-US Drug Enforcement Administration agent acting as a ‘fixer’in relation to the Unaoil bribery scandal. [44] [45] But this admission raises more questions than it answers. Lawmakers have periodically called for the SFO to be rolled into a broader crime-fighting force. [46]
Lisa Osofsky was considered a refreshing change when she was appointed as the UK’s chief anti-bribery prosecutor with a five-year contract. [47] [48] [49] But the government’s patience with the SFO’s mistakes has been running out through her tenure. Less than four years later,the fate of the agency and its director was on the agenda again after calamitous missteps during a string of prosecutions. As a consequence,Osofsky announced to the SFO staff on November 9 according to various media reports,that she would not be running again for leading the SFO after her current term. [50] The attorney general's office,which oversees the agency,confirmed in a statement that Osofsky would stand down on 28 August 2023 “after serving my full tenure”. [51] A "Report and Recommendations from The Shadow Attorney General’s Office”says a series of high-profile errors and scandals have called the current leadership and culture of the SFO into question,undermining morale at the organisation,and increasing the likelihood that yet more of its experienced staff will be poached by corporate law firms." [52]
Osofsky is married to fellow lawyer Marc Wassermann. [53]
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
Dame Vera Baird is a British barrister and politician who has held roles as a government minister,police and crime commissioner,and Victims' Commissioner for England and Wales.
The Serious Fraud Office (SFO) is a non-ministerial government department of the Government of the United Kingdom that investigates and prosecutes serious or complex fraud and corruption in England,Wales and Northern Ireland. The SFO is accountable to the Attorney General for England and Wales,and was established by the Criminal Justice Act 1987,an Act of the Parliament of the United Kingdom.
A prosecutor is a legal representative of the prosecution in states with either the adversarial system,which is adopted in common law,or inquisitorial system,which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant,an individual accused of breaking the law. Typically,the prosecutor represents the state or the government in the case brought against the accused person.
Al Yamamah is the name of a series of record arms sales by the United Kingdom to Saudi Arabia,paid for by the delivery of up to 600,000 barrels (95,000 m3) of crude oil per day to the British government. The prime contractor has been BAE Systems and its predecessor British Aerospace. The first sales occurred in September 1985 and the most recent contract for 72 Eurofighter Typhoon multirole fighters was signed in August 2006.
The U.S. attorney for the District of New Jersey is the chief federal law enforcement officer in New Jersey. On December 16,2021,Philip R. Sellinger was sworn in as U.S. Attorney. The U.S. District Court for the District of New Jersey has jurisdiction over all cases prosecuted by the U.S. attorney.
The Revenue and Customs Prosecution Office (RCPO) was a non-departmental public body created under the Commissioners for Revenue and Customs Act 2005 as an independent prosecution body to take responsibility in the England,Wales and Northern Ireland for the prosecution of criminal offences in cases previously within the purview of the Inland Revenue and HM Customs and Excise (HMCE). In Scotland it was a Specialist Reporting Agency and the cases are then prosecuted by the Crown Office and Procurator Fiscal Service. It was merged with the Crown Prosecution Service on 1 January 2010.
The Corrupt Practices Investigation Bureau (CPIB) is an independent agency of the Government of Singapore responsible for the investigation and prosecution of any possible serious or complex fraud and corruption in Singapore. The CPIB has the mandate to investigate into any acts or forms of corruption in the public and private sectors in Singapore,and in the course of doing so,any other offences under any written law,with the powers of arrest.
The Public Prosecution Service of Canada was established on December 12,2006,by the Director of Public Prosecutions Act. A federal agency,the PPSC prosecutes offences on behalf of the Government of Canada. It is responsible to Parliament through the attorney general of Canada,who litigates on behalf of the Crown and has delegated most prosecution functions to the PPSC.
Dame Barbara Jean Lyon Mills DBE,QC was a British barrister. She held various senior public appointments including Director of Public Prosecutions,and was widely seen as a pioneer for women gaining such appointments in the higher echelons of the legal profession. At the time of her death she was chair of the Professional Oversight Board.
The Serious Fraud Office is the public service department of New Zealand charged with detecting,investigating and prosecuting financial crimes,including corruption,of a serious and complex nature.
Vincent Tchenguiz is an Iranian-British entrepreneur born in Tehran. Robert Tchenguiz is his younger brother. Tchenguiz is known as a major donor to the Conservative Party (UK) and an investor in the controversial company SCL Group,known for the Facebook–Cambridge Analytica data scandal involving its subsidiary.
Sir David John Mark Green is a British lawyer and prosecutor,who served from 2012 until 2018 as the Director of the Serious Fraud Office.
Unaoil is a Monaco based company which provides "industrial solutions to the energy sector in the Middle East,Central Asia and Africa." Unaoil is incorporated in the British Virgin Islands,a tax haven with an opaque banking system.
The trial of Benjamin Netanyahu began following investigations into allegations of bribery,fraud,and breach of trust by him and close political allies within his inner circle during his fourth and fifth terms as Israel's Prime Minister. The Israel Police began investigating Netanyahu in December 2016 and subsequently recommended indictments against him.
R v Director of the Serious Fraud Office [2008] UKHL 60 is a UK constitutional law case,concerning the rule of law.
Dana Michelle Nessel is an American politician and lawyer serving as the 54th Attorney General of Michigan since January 2019. She is a member of the Democratic Party.
In Canada,a deferred prosecution agreement (DPA) or remediation agreement refers to an agreement under Part XXII.1 of the Criminal Code. The agreement is made between the Crown prosecutor and an organization alleged to have committed certain types of criminal offences,usually in the context of fraud or corruption,with the consent of the relevant Attorney General and under the supervision of a judge. Under a deferred prosecution agreement,the Crown prosecutor can agree to defer bringing a prosecution for the alleged offences if the organization takes steps to improve its conduct,makes restitution,and implements internal controls to avoid a repetition of the conduct.
Marwan Lahoud,born March 6,1966,in Lebanon,is a naturalized French-Lebanese weapons engineer,living in France. He was deputy chief executive officer for strategy and marketing for the Airbus group until February 2017. In May 2017,he was appointed chairman of the supervisory board of OT-Morpho,a position he only held for a short time,even if he remained director for two years of different entities of this group,renamed from IDEMIA.