BBC Radio 4: Law in Action

"Deferred Prosecution Agreements: pragmatic but unprincipled?"

Broadcast 26 and 28 May; listen now on BBC

FRA Founding Partner Toby Duthie was invited to shed light on the role of the forensic firm in this week's episode of BBC Radio 4's "Law in Action" program. The episode explored Deferred Prosecution Agreements (DPAs) primarily through the case of the Airbus bribery and corruption investigation leading to this year's €3.6 billion global settlement, in which FRA were the only forensic advisers supporting dozens of differing investigative topics, multiple law firms, across all jurisdictions and with all of the national authorities (read our case study).

Toby outlined the types of structured and unstructured data that FRA's data governance team helped to collect and consolidate, with an innovative and customised strategy that facilitated Airbus and their counsel's review of several million documents in search of red flags. The discussion also touched on the disgorgement and fine calculation methodology. Toby explained how FRA worked with Airbus and its legal advisers to calculate the gain on the implicated contracts with a harmonised approach that withstood scrutiny by all national authorities involved.