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Financial crime and financial regulatory enforcement

30 July 2015

First DPA now eagerly awaited

Speculation is mounting that Sarclad, a private technology company based in Rotherham, could be the first company to enter into a deferred prosecution agreement (DPA) with the Serious Fraud Office (SFO). This follows confirmation by the SFO in May that it had issued its first letters inviting a number of companies to enter into DPA negotiations. The Sarclad case is also thought to be one of the first involving allegations of bribery under the Bribery Act 2010, which came into force in 2011.

Jonathan Grimes

29 July 2015

No place to hide: HMRC shines a light on tax havens

“People have had ample opportunity to regularise their affairs”, says HMRC as it presents the next move in its “No Safe Havens” strategy. A package of measures was proposed in the Summer Budget 2015 designed to ramp up HMRC’s powers to tackle offshore tax evasion. With civil deterrents and civil sanctions the focus of the first two consultations, hard-hitting rules are being put forward in the criminal sphere. 

David Sleight

23 July 2015

Scorecard for the Serious Fraud Office

As summer holidays are upon us it is not just school children receiving their school report – both the Serious Fraud Office and the Financial Conduct Authority have issued their own annual reports presented to Parliament. Both reports combine a strategic overview with detailed budget statements and a headline view of key successes for 2014-15. 

Louise Hodges

23 July 2015

Annual Report for Financial Conduct Authority (FCA) - international cooperation, market abuse, convictions, senior managers regime, whistleblowing and a historic year for fines

As the Parliamentary recess loomed, government departments and agencies rushed to publish their annual reports and accounts.  Alongside the Serious Fraud Office, the Financial Conduct Authority (FCA) has issued its own end of term report. 

Louise Hodges

1 June 2015

Will Court of Appeal ruling force FCA to re-think its use of its name and shame powers?

A recent ruling at the Court of Appeal may affect the way in which the Financial Conduct Authority (FCA) publishes enforcement notices referring to third parties.

Section 393 of the Financial Services and Markets Act 2000 (“FSMA”) gives third parties certain rights in relation to notices given to another person in respect of whom regulatory action is being taken.  It requires that a person prejudicially identified in such a notice be given a copy of the notice and the opportunity to make representations upon it. 

Jill Lorimer

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