Robert Dougall’s Sentencing: SFO receives second setback

We have reported previously on Depuy executive’s John Dougall’s prosecution here. (In short, he was a marketing executive at a Johnson & Johnson subsidiary, who pleaded guilty to participating in a bribery scheme with Greek doctors).

He co-operated fully with the SFO investigation, and was described by the SFO as “the first co-operating defendant in a major SFO corruption investigation.”  He handed documents to the SFO prosecutors and undertook to give evidence in any future trials against other individuals,

He had signed an agreement with the SFO under s73 of the Serious Organised Crime and Police Act 2005, which allows the Court to take into account the extent and nature of the assistance given or offered when considering what sentence to pass on the defendant (more here).

Accordingly, the SFO looked for a light sentence, and at the sentencing hearing, both the prosecution and the defence asked that a suspended sentence be given.

But Justice Bean at Southwark Crown Court thought otherwise and went again the SFO’s wishes.  The judge said that he accepted the public policy consideration of prosecutors being able to promise/recommend more lenient sentences in return for co-operation

….But it does not justify a suspended sentence in a case where corruption was systemic and long-term and involved several million pounds in corrupt payments.

Dougall was accordingly sentenced to a year in jail.

It is not clear what reduction the Judge allowed for the co-operation, but I think Dougall can feel justifiably let down.  It is clear that the SFO’s prosecution strategy is not finding favour with the judiciary, who is rightly unhappy about cosy deals taking place behind closed doors. Plea agreements with corporates have little history in the UK, and are not going to be forced through quickly by a prosecution agency.

The Innospec debacle (which we commented on here) and now this, leaves us wondering whether Richard Alderman can deliver on his bribery strategy of  ‘come and talk to us and we’ll be lenient’.  We don’t think he will have that many volunteers until the extent of his ability to deliver on plea agreements is clarified.

The SFO press release can be found here.