New Limits to the UK SFO’s Ability to Compel Production of Evidence from Overseas May Lead to Increase in DOJ Investigations

On February 5, 2021, in a unanimous decision, the UK Supreme Court held that the UK Serious Fraud Office did not have the authority under Section 2(3) of the Criminal Justice Act 1987 to compel a foreign company that does not have a registered office and does not conduct business in the United Kingdom to produce documents it holds outside the United Kingdom.