Overview
International law firm McDermott Will & Emery in London, together with Addleshaw Goddard, jointly advised Entain plc on its negotiation of a Deferred Prosecution Agreement (DPA) with the Crown Prosecution Service (CPS) and the subsequent approval by the Court of the DPA. It is the first time the CPS has resolved an investigation with a DPA.
The £585 million financial penalty and disgorgement figure, approved on 5 December 2023 by Dame Victoria Sharp DBE, President of the King’s Bench Division, follows an investigation by HM Revenue and Customs (HMRC) into Entain’s legacy Turkish business, which it sold in 2017. The company announced in May 2023 that it had entered into DPA negotiations with the CPS to resolve the ongoing HMRC investigation in relation to alleged offences under section 7 of the UK Bribery Act 2010.
In addition to advising on the investigation and the DPA, McDermott also advised Entain on its global compliance framework.
The McDermott team worked alongside Entain’s Group General Counsel, Simon Zinger, who led the company’s efforts.
Simon Zinger, Group General Counsel of Entain, said:
“Entain’s exemplary co-operation, regulatory focus, and transformed compliance programme have been central to this outcome. We are committed to ensuring that Entain continues to implement the highest ethical, compliance and governance standards.”
James Dobias of McDermott said:
“As recognised by the Court, Entain has shown ‘exemplary co-operation and remediation’, which has been reflected in the full discount it received on the financial penalty. The DPA helps draw a line under these legacy issues and allows our client to concentrate on the future.”
Acknowledging the exemplary co-operation of Entain in the investigation, the Judge ruled in a public hearing at the Royal Courts of Justice on 5 December 2023 that the DPA’s terms were fair, reasonable and proportionate and that the DPA was in the interests of justice.
Read Entain’s market disclosure here.
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