Pump Court

Richard Whittam QC leads in the £497.25 million Deferred Prosecution Agreement with Rolls Royce Plc

Cases 18 Jan 17

Richard was instructed in 2013 to lead a team of experienced junior counsel who advised across different jurisdictions on the four strands of the work carried out by Rolls Royce [Civil Aviation, Defence Aviation, Energy & Marine divisions].

The draft indictment included five allegations of conspiracy to make corrupt payments, one count of false accounting and five counts of failure to prevent bribery. The facts are spread across two decades in Indonesia, Thailand, India, Russia, Nigeria and China.

In summary, the draft indictment reflects agreements to make corrupt payments to agents in connection with the sale of Trent aero engines for civil aircraft in Indonesia and Thailand between 1989 and 2006 (Counts 1-4). The concealment or obfuscation of the use of intermediaries to facilitate its Defence business in India between 2005 and 2009 when the use of intermediaries was restricted (Count 5) and the making of a corrupt payment in 2006/7 to recover a list of intermediaries that had been taken from RR in India (Count 6). An agreement to make corrupt payments to agents in connection with the supply of gas compression equipment in Russia between January 2008 and December 2009 (Count 7). Failing to prevent bribery in conducting its Energy business in Nigeria and Indonesia between the commencement of the Bribery Act 2010 and May 2013 (Count 8) and July 2013 (Count 9) and similar failures in relation to its Civil business in Indonesia, China and Malaysia between the commencement of the Bribery Act 2010 and December 2013 (Counts 10-12).

Cases | 18 Jan 17

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