George Brown, Partner in the Global Regulatory Enforcement team at law firm Reed Smith comments on the announcement that BAE has agreed a settlement with the SFO to pay a fine of $400m (£250m) on a long-running series of bribery and corruption charges.
"The nature of the offences to which BAE have pleaded guilty are such that it looks as if BAE has structured the settlement in manner to have escaped debarment from public procurement.
"In the UK it is not possible to fetter the discretion of a Crown Court Judge, but the agreed payment to cover the UK charge is far greater than any fine which could be expected given the nature of the single charge and the value of the project (all other on-going SFO investigations to end). Every penny fined by a UK Judge is penny less that goes to Tanzania.
"The split between charges and penalties between the UK and US seems unequal given the much greater association of BAE with the UK than the US."
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Notes to editors
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