Insights
Could a change of disclosure regime help the SFO’s disclosure headache
May 25 2023
David Corker
Consultant
"David is cerebral and unrivalled on procedural issues that may give rise to challenges that others don’t see."
THE LEGAL 500 2022
BIOGRAPHY & EXPERTISE
David Corker is an “original thinker, very experienced and very good.” (Chambers UK 2023). According to the Legal 500 UK 2022, he is “cerebral, unrivalled on procedural issues” and “always thinks outside the box.”
He has a formidable reputation as a criminal and regulatory litigator. He is ranked as a key individual in the fields of ‘Financial Crime: Individuals’ and ‘POCA Work & Asset Forfeiture’ by Chambers and Partners UK 2023, and as a leading individual in the field of ‘Financial Crime: High Net Worth Individuals’ by Chambers HNW 2022. He is also ranked in the Hall of Fame for ‘Fraud: White-Collar Crime’ by The Legal 500 UK 2023.
David is highlighted as “absolutely fantastic” in Who’s Who Legal: Investigations 2018 and as one of the most highly regarded individuals by Who’s Who Legal for Business Crime Defence and Investigations.
Areas of expertise
David specialises in acting for clients implicated in criminal or regulatory investigations, many of them international. He has many years’ experience of fraud, corruption cases and cartel investigations and also maintains a thriving general criminal practice.
David has acted for clients in almost every large criminal fraud case undertaken by the Serious Fraud Office. He has considerable experience in international criminal cases involving, for example, allegations of corruption, money laundering or cartels. In relation to Financial Conduct Authority investigations, his work has focused on alleged insider dealing, boiler room frauds and misleading the market. He has also represented clients in connection with allegations of homicide (including gross negligence manslaughter) and sexual offences.
Speaking engagements
David speaking about the likely impact of reform of corporate criminal liability on the SFO.
David participating in a debate about the SFO and deferred prosecution agreements with Lord Garnier (Solicitor General 2010-12 and pioneer of DPAs) and Sir David Green (Director of the SFO 2012-18).
Three extracts of David participating in a debate about trial by jury with James Hines QC, Mukul Chawla QC and Professor Cheryl Thomas of UCL.
WORK HIGHLIGHTS
- Advising multiple clients being investigated or prosecuted by the SFO for fraud and bribery offences, including acting in the Tesco, JJB Sports, LIBOR and Olympus cases.
- Conducting a corporate internal investigation into suspected bribery at a pharmaceuticals company.
- Acting for a number of individuals who are the subject of hostile FCA criminal and regulatory investigations, including a senior banking figure implicated in the FX scandal.
- Acting in most of the recent and current investigations by the OFT/CMA into alleged cartel activity.
- Acting for celebrities and politicians in relation to historic sex abuse allegations.
- Acting for journalists concerning phone-hacking allegations.
- Advising defendants in relation to the CPS’s largest direct and indirect tax fraud prosecutions.
- Advising companies in relation to various criminal and regulatory matters, including bribery, food safety and money laundering compliance.
- Advising private individuals in relation to general criminal matters, including sexual offences, crimes of violence and harassment.
Career
David Corker received a BA in jurisprudence from Oriel College, Oxford in 1983 and an MA from the University of Sheffield in 1984 in socio-legal studies. From 1984-1987 he served as a constable in the Metropolitan Police before qualifying as a solicitor in 1990.
David regularly writes for the national and legal press and academically about criminal and regulatory law. He is the author of ‘Disclosure in Criminal Proceedings‘ (OUP 2009) and ‘Abuse of Process in Criminal Proceedings‘ (4th Ed) (Bloomsbury, 2014).
David founded his own firm, now Corker Binning, in 2000, having been a partner at Peters & Peters.
News & Insights
Comments
David Corker comments on the effectiveness of sanctions in The Law Society Gazette
April 5 2023
Comments
David Corker comments on the SFO’s use of external barristers in The Times
March 28 2023
Insights
Does an accused have the right to know what materials they will be cross examined with prior to trial?
September 27 2022
Comments
David Corker comments on televised sentencing in The Times
September 1 2022
Insights
Exercising your right to silence: what does this mean for your defence?
August 31 2022
News
David Corker writes for Law 360 on the Serious Fraud Office
April 14 2022
News
David Corker quoted in City A.M. discussing Bloomberg losing landmark UK supreme court case on privacy
February 17 2022
News
David Corker secures acquittal for client Altaf Hussain
February 16 2022
News
David Corker comments on the Met’s questionnaire outreach as part of the Operation Hillman investigation
February 15 2022
News
Partner David Corker quoted in the FT
February 1 2022
Comments
David Corker is quoted in The Telegraph and Law360 on the SFO’s credibility after Unaoil judgment
December 14 2021
Comments
David Corker is quoted in inCOMPLIANCE on FCA investigations
September 21 2021
News
David Corker writes for PLC Magazine on 10th DPA
September 15 2021
News
David Corker writes to the FT on the SFO’s trial record
September 2 2021
Comments
David Corker quoted in Law360 on SFO’s cash haul
August 17 2021
Comments
David Corker and Peter Binning quoted in The Times on UK Bribery Act anniversary
July 22 2021
News
Partners David Corker and Claire Cross write for Fraud Intelligence on Cum-ex
May 20 2021
Comments
David Corker is quoted in Rozenburg’s blog on DPAs
May 13 2021
Insights
The Deferred Prosecution Agreement regime: aligning rhetoric and reality
April 13 2021
News
David Corker writes for Law360 on DPAs
April 6 2021
News
David Corker and Claire Cross write for GBRR on cum-ex
March 16 2021
Comments
David Corker quoted in Bloomberg on Citigroup’s cooperation with FCA
December 23 2020
Comments
David Corker quoted in Law360 on the Unaoil case
December 22 2020
Comments
Partner David Corker quoted in media on Euribor-rigging convictions
December 9 2020
News
Partner David Coker writes for Law360 on Cum-ex
November 27 2020
Comments
David Corker quoted in Law 360 on SFO’s resolve to tackle UK cartel cases
November 6 2020
Comments
David Corker quoted in GCR on CMA-SFO memorandum of understanding
October 27 2020
Comments
David Corker quoted in GIR on the SFO and CMA signing a memorandum of understanding
October 23 2020
News
David Corker discusses the evolution of criminal law in fivehundred
August 26 2020
News
David Corker writes for Law360 on judge-only trials in fraud cases
July 24 2020
Insights
The Supreme Court puts the DPA in MLA – but will Brexit mean the victory is short-lived?
July 15 2020
News
David Corker writes for The Times on Covid-19 criminal trial reform
July 2 2020
Insights
Is the SFO able to meet the challenge of Covid-19?
April 29 2020
Insights
How the Australian High Court quashed the convictions of Cardinal George Pell
April 14 2020
Insights
Coronavirus and the Criminal Law
March 31 2020
News
David Corker and Nick Barnard write for Bloomberg Tax on Cum-Ex trading
March 26 2020
News
David Corker to speak at Red Lion Lecture at King’s College London
November 27 2019
Insights
Using compelled testimony against a co-defendant: hearsay, confessions and the privilege against self-incrimination
November 1 2019
Comments
David Corker comments in Law360 on juror breaks and holidays during a trial
September 2 2019
Comments
David Corker comments on NCA’s freeze of £100M in foreign bribery probe
August 14 2019
Comments
David Corker comments in The Times on the difficulties in finding reliable expert witnesses in criminal trials
June 3 2019
News
David Corker speaking at the 5th Annual GIR Live London
April 4 2019
News
David Corker examines the decision in R (AL) v SFO in Fraud Intelligence
March 18 2019
Insights
Overseas production orders – important and interesting
February 15 2019
News
David Corker examines the decision in R(AL) v SFO, in CrimeLine
January 2 2019
News
David Corker examines the failure in the Tesco trial in The Times
December 12 2018
Insights
Advising individuals in cross-border investigations: the limits of double jeopardy
December 12 2018
Insights
The Westminster city council scandal: how does the Bribery Act 2010 apply to gifts and hospitality in practice?
October 12 2018
News
David Corker discusses the first use of UWOs in Law360
October 12 2018
News
David Corker discusses the Criminal Finances Act 2017 with a focus on UWOs, disclosure and civil recovery in CDR
October 11 2018
Comments
David Corker comments on the dismissal of the application against the NCA’s first UWO in the FT, the BBC and The Wall Street Journal
October 3 2018
Comments
David Corker comments on the NCA’s clamp down to clear the flow of “dirty money” into London in The Law Society Gazette and Credit Control Journal
September 14 2018
Insights
Extraterritoriality in KBR v SFO: common sense or rewriting the statute?
September 13 2018
News
David Corker discusses the use of interception in a criminal trial in The Times, Lawyer Monthly and CrimeLine
September 11 2018
News
David Corker discusses the Criminal Finances Act and DPAs in GIR
August 22 2018
Insights
Holding companies criminally liable for human rights abuses
July 17 2018
News
David Corker discusses the clash of criminal law and family law concerning inter-spousal transfers of assets in Family Law
July 11 2018
Comments
Peter Binning and David Corker comment on a £300m court for fraud, cybercrime and economic crime cases in New Law Journal, CDR and The Law Society Gazette
July 9 2018
Insights
The curious case of cannabis seeds and the criminal law
July 2 2018
News
David Corker discusses the Criminal Finances Act and UWOs in Commercial Dispute Resolution
June 28 2018
Comments
David Corker comments on the Law Commission’s recommendations to reform search warrant laws in Global Investigations Review
June 22 2018
News
David Corker speaking at the CDR Summer Business Crime Symposium 2018
June 21 2018
Comments
David Corker comments on the delayed appointment of the SFO’s new director in The Times and The Times Law Brief
May 31 2018
Comments
David Corker comments on the CPS costs in first-ever contested section 7 prosecution in GIR
May 25 2018
News
David Corker discusses The Criminal Finances Act 2017 in the New Law Journal and Fraud Intelligence
May 25 2018
Comments
David Corker comments on the Berlinah Wallace sentencing in The Times, The Times Law Brief and Daily Express
May 24 2018
News
David Corker discusses the judgment in R (AL) v SFO and third party disclosure in criminal proceedings in CrimeLine and GIR
May 1 2018
Comments
David Corker comments on the Criminal Finances Act 2017 and UWOs in GIR
April 30 2018
Comments
David Corker comments on the new director of the SFO in The Times Law Brief and GIR
April 27 2018
Comments
David Corker to panel the 4th Annual GIR Live London
April 26 2018
Comments
David Corker comments on the potential new director of the SFO in Legal Week
April 25 2018
Comments
David Corker comments on the UK’s use of UWOs against Russia in GIR
March 20 2018
Insights
The use of compelled testimony in criminal proceedings
February 23 2018
Insights
Do search warrants have extraterritorial effect?
February 7 2018
News
David Corker discusses the judgment in R. v. Reilly in Criminal Law & Justice Weekly
December 4 2017
Comments
David Corker comments on Phil Ivey Supreme Court cheating case in the FT, The Telegraph and The Law Society Gazette
October 26 2017
Comments
David Corker comments on Mark Johnson fraud conviction in CrimeLine, Financial Reporter, Compliance Monitor, Financial Adviser Bournemouth and New Law Journal
October 24 2017
Comments
David Corker comments on Supreme Court judgment in the matter of an application by Jason Loughlin in LexisNexis and UKSC Blog
October 19 2017
News
David Corker discusses Sir Edward Heath and Operation Conifer in The Times Law Brief
October 12 2017
Comments
David Corker comments on Operation Conifer in The Times Law Brief
October 11 2017
Comments
David Corker comments on the UK electoral diversion in The Times
June 15 2017
Comments
David Corker comments on the future of the SFO following the UK General Election in The Global Legal Post and The Law Society Gazette
June 12 2017
News
David Corker discusses the future of the SFO in The Times Law Brief
June 12 2017
News
David Corker examines the judgment of Andrews J in SFO v. ENRC
June 3 2017
News
David Corker discusses deferred prosecution agreements in The Times Law Brief
June 1 2017
Comments
David Corker comments on the Conservatives’ pledge to dismantle the SFO in The Times, Reuters, Daily Mail, CNBC, The Lawyer, GIR, Business Insider, Professional Adviser, Solicitors Journal, Financial Reporter, New Law Journal, Economia and International Adviser
May 18 2017
News
David Corker discusses DPAs at 3rd Annual GIR Live London
April 28 2017
News
David Corker to panel the 3rd Annual GIR Live London
April 27 2017
Comments
David Corker comments on the CMA campaign to curb cartels in Compliance Week
April 10 2017
News
David Corker considers why reform of corporate criminal liability is necessary in Thomson Reuters Practical Law
March 27 2017
Comments
David Corker comments on SFO probe into Sir Philip Green in The Telegraph
March 6 2017
News
David Corker and Danielle Reece-Greenhalgh discuss ‘sexting’ prosecution in The Brief
December 7 2016
News
David Corker’s article on the flexibility of English Common Law in Law360
November 18 2016
News
David Corker discusses DoJ Forex intent in Fraud Intelligence, FX-MM and FTSE Global Markets
July 27 2016
Comments
David Corker comments on the original FSA probe into Barclays Libor rigging in the Evening Standard
July 14 2016
Comments
David Corker comments on the sentencing of ex-Barclays traders convicted of Libor rigging in Reuters, The Guardian, Daily Mail, Yahoo! News, Yahoo! Finance, CNBC, The Irish Times and Metro
July 7 2016
Comments
David Corker comments on guilty Libor verdicts of former Barclays traders in Bloomberg, The FT, The Brief, Reuters, The Daily Mail, The Independent, CNBC and Yahoo! Finance
July 4 2016
Comments
David Corker’s comments re enforcement actions published in ACAMS Moneylaundering.com
March 15 2016
Comments
David Corker comments on the conviction of Sweett Group under the Bribery Act in The FT, Bloomberg and The Brief
February 22 2016
News
David Corker’s article on DJ Neil Fox judgment published in The Times
January 21 2016
Insights
David Corker – a defence perspective
September 25 2015
Comments
David Corker’s comments published in Thomson Reuters Regulatory Intelligence
August 4 2015
News
Tom Hayes sentencing: David Corker interviewed on ‘The Business View’ on CNN International
August 4 2015
Comments
David Corker’s comments re Tom Hayes published in Bloomberg, the Washington Post, City AM, the FT and Sky News
August 3 2015
Comments
David Corker’s comments re White Collar Crime published in Lawyer 2B
July 15 2015
Comments
David Corker comments on section 2 interviews in Global Investigations Review
May 13 2015
News
Corker Binning Partners, David Corker and Jessica Parker, to attend 18th Annual Transnational Crime Conference
May 5 2015
Insights
Partner David Corker on recent developments regarding care provider offences
April 27 2015
Testimonials
"David is meticulous in the way he deals with clients and knows what he is doing."
Chambers UK 2023
"David Corker is an original thinker, very experienced and very good."
Chambers UK 2023
"David Corker is very sound and intellectual."
Chambers UK 2023
"David is a real thought leader. He's very outspoken in his views, he's someone who'll always take a position on something, even if it's unpopular."
Chambers HNW 2022
"He has got his eye on the solution to the problem from the beginning and works out a path to get there."
Chambers UK 2022
“David is a leader in the field and a go-to for POCA. He deals with complicated cases with incredible delicacy.”
Chambers UK 2022
“David is a gold mine of information about civil forfeiture and financial crime. He is an absolute expert and impossible to beat.” “
Chambers UK 2022
"David Corker and Peter Binning being repeatedly singled out as two of the leading lawyers in this field who stand out for their great integrity."
THE LEGAL 500 2022
"David is cerebral and unrivalled on procedural issues that may give rise to challenges that others don’t see."
THE LEGAL 500 2022
"David Corker always thinks outside the box, scrutinising problems from multiple angles to find novel solutions to issues."
THE LEGAL 500 2022
"David Corker and Peter Binning being repeatedly singled out as two of the leading lawyers in this field who stand out for their great integrity."
THE LEGAL 500 2022
"David Corker is the Yoda of white collar crime; calm, collected and has a wonderful brain."
Legal 500 UK 2020
David Corker is ‘an innovative thinker, takes nothing for granted, exceptionally perspicacious tactician, modest and very highly-regarded by other lawyers’.
THE LEGAL 500 2019
"An incredibly brilliant lawyer."
CHAMBERS UK 2019
"He has a rare combination of strategic 'big picture' instincts with a very detailed knowledge and understanding of the black-letter law."
CHAMBERS UK 2019
"Incredibly cerebral and a great strategic thinker when needed for complex criminal cases."
CHAMBERS UK 2019
David Corker "has led some big shifts in thinking".
CHAMBERS UK 2018
David Corker is "a fantastic criminal defence lawyer used to operating in a corporate space."
CHAMBERS UK 2018
David Corker "is a very highly respected practitioner."
CHAMBERS HNW 2018
"David is quite a cerebral lawyer - he's sort of a lawyer's lawyer. He really understands the law and is quite creative; he spots areas of the law to investigate and challenge," remarks one interviewee.
CHAMBERS HNW 2018
David Corker is “absolutely fantastic” according to sources, who particularly commend his impressive work on financial crime and cartel investigations.
WHO’S WHO LEGAL: INVESTIGATIONS 2018
"David's very much detail-focused, so he's going to reassure a client that he's thought of absolutely everything," says a source.
CHAMBERS HNW 2018
"David's innovative in his approach to his cases. He tends to have different ways or new angles to offer on a particular situation."
CHAMBERS HNW 2018
“A superb and very academic lawyer” who is “a key name” in the market.
WHO’S WHO LEGAL: BUSINESS CRIME DEFENCE 2018
“He is very highly specialised in business crime work.”
WHO’S WHO LEGAL: BUSINESS CRIME DEFENCE 2018
"They have a high density of the leading players - both David Corker and Peter Binning are very much at the top of the tree."
CHAMBERS HNW 2017
- Advising multiple clients being investigated or prosecuted by the SFO for fraud and bribery offences, including acting in the Tesco, JJB Sports, LIBOR and Olympus cases.
- Conducting a corporate internal investigation into suspected bribery at a pharmaceuticals company.
- Acting for a number of individuals who are the subject of hostile FCA criminal and regulatory investigations, including a senior banking figure implicated in the FX scandal.
- Acting in most of the recent and current investigations by the OFT/CMA into alleged cartel activity.
- Acting for celebrities and politicians in relation to historic sex abuse allegations.
- Acting for journalists concerning phone-hacking allegations.
- Advising defendants in relation to the CPS’s largest direct and indirect tax fraud prosecutions.
- Advising companies in relation to various criminal and regulatory matters, including bribery, food safety and money laundering compliance.
- Advising private individuals in relation to general criminal matters, including sexual offences, crimes of violence and harassment.