Innospec Ltd, R. v [2010] EW Misc 7 (EWCC) (18 March 2010)

Innospec Ltd, R. v [2010] EW Misc 7 (EWCC) (18 March 2010)

The court imposed a fine of $12.7 million (Sterling equivalent) on Innospec Ltd, limited by the company's ability to pay and the terms of the global settlement, but emphasized that such limitations should not set a precedent. The court held that sentencing is a judicial function and not subject to binding agreements between prosecutors and defendants, and that criminal penalties, not civil recovery, are the appropriate response to serious corporate corruption.

Citation
[2010] EW Misc 7 (EWCC)
Parties
Prosecutor: Regina; Defendant: Innospec Limited
Jurisdiction
England and Wales
Judgment Date
18 March 2010
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
conviction and fine imposed
Legal Topics
Corruption, Bribery of Foreign Officials, Corporate Sentencing, Plea Agreements, Confiscation Orders, Civil Recovery, International Cooperation in Criminal Matters
Criminal Law Corporate Crime International Law Corruption Bribery of Foreign Officials Corporate Sentencing Plea Agreements Confiscation Orders +2 more

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Parties

Regina

Prosecutor

Innospec Limited

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentencing for corporate corruption of foreign officials
  2. 2 Judicial role in plea agreements and sentencing in concurrent UK/US prosecutions
  3. 3 Division of penalties in global settlements

Ratio Decidendi

The court imposed a fine of $12.7 million (Sterling equivalent) on Innospec Ltd, limited by the company's ability to pay and the terms of the global settlement, but emphasized that such limitations should not set a precedent. The court held that sentencing is a judicial function and not subject to binding agreements between prosecutors and defendants, and that criminal penalties, not civil recovery, are the appropriate response to serious corporate corruption.

Court Disposition

conviction and fine imposed

Orders

  • Fine of $12.7 million (Sterling equivalent) to be paid in instalments with guarantee from Innospec Inc.
  • Approval of compliance and monitoring agreement subject to final terms as agreed in US proceedings.