The former head of white-collar crime at international firm Dechert has been accused of lying to the High Court to cover up his relationship with the Serious Fraud Office in the latest development in the ENRC civil claim.

In court last week Neil Gerrard denied allegations that he was ‘knowingly untruthful’ under oath when quizzed about SFO plans to interview the former head of compliance at Kazakh mining company Eurasian Natural Resources Corporation (ENRC).

Gerrard was retained by ENRC in 2010 to conduct an internal investigation into allegations of wrongdoing at a subsidiary. ENRC is now suing the ex-partner and Dechert for negligence, alleging that Gerrard made unauthorised disclosures to the SFO – which is also being sued – and used its case as a ‘cash cow’ to justify his multi-million-dollar salary. The respondents have denied the allegations, describing the claim as ‘the stuff of conspiracy theories’.

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Rolls Building: Neil Gerrard is accused of covering up relationship with SFO

Under cross-examination, Gerrard told the court that he did not know the SFO intended to conduct a ‘section 2’ interview – a means by which the agency can compel individuals to answer questions – with ENRC’s former head of global compliance, Cary Depel. The court was subsequently shown a text message sent from Depel to Gerrard saying: ‘Only you and two (sic) know about the section 2’.

For ENRC, Clare Montgomery QC said: ‘Mr Gerrard, the truth is that you knew full well of the plan to interview Mr Depel under section 2A. You arranged it and you knew when it had taken place, didn’t you?’ Gerrard replied that he had ‘absolutely no memory of these texts’.

Gerrard told the court that he is suffering from long Covid and his memory is poor. ‘I was reminded by my wife in the break I suffered from several bouts of something described as global amnesia,’ he said.

The hearing began in May and is expected to last through the summer, with closing submissions in September. For Dechert, Andrew Onslow QC described ENRC’s claim as a story ‘made up by some highly skilful, ingenious lawyers’. He told Mr Justice Waksman that Gerrard did not leak or conspire to leak confidential documents; did not conspire with the SFO to bring them ENRC as a ‘scalp’; and did not initiate, expand or prolong his investigation into the mining company to inflate his fees.

‘It’s ultimately an untrue reconstruction of documents events and circumstances,’ he said.

Meanwhile, the SFO has denounced ‘false themes’ in the claim, rejecting claims that it was ‘desperate for a high-profile win’.

Dechert, Gerrard and the SFO deny all wrongdoing.