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Fraud

14 December 2022

Failure to prevent: Will more money for HMRC mean enforcement at last?

Chancellor Jeremy Hunt’s Autumn Statement made newspaper headlines for its tax changes and cuts to public spending. But the statement also included a plan to increase funding to HMRC, in a move which might finally allow the agency to begin enforcing the woefully underused corporate criminal offences (CCOs) of failure to prevent the facilitation of UK and foreign tax evasion.

Nicola Finnerty

17 November 2022

House of Lords fraud review highlights gaps and urges introduction of new failure to prevent offence

On 12 November 2022, the House of Lords Fraud Act 2006 and Digital Fraud Committee (the ‘Fraud Committee’) published the results of its lengthy inquiry. The Fraud Committee’s report, entitled ‘Fighting Fraud: Breaking the Chain’, delivers a clear, firm message that agency and legislative reform is needed if the UK is to properly deal with the scale of the fraud problem it is now faced with.

Nicola Finnerty

10 November 2022

Kingsley Napley contributes to significant Law Commission criminal justice reform project

Kingsley Napley contributes to significant Law Commission criminal justice reform project. The Law Commission has today published its long-awaited recommendations for reform of the UK’s post-conviction confiscation regime. Work on the project began in November 2018, after the Home Office asked the Law Commission to review the regime found in Part 2 of the Proceeds of Crime Act 2002.

Nicola Finnerty

29 September 2022

The Economic Crime and Transparency Bill: a mixed bag

Published on 22 September, the Economic Crime and Corporate Transparency Bill is the second significant legislative development of this type in 2022 (following the Economic Crime (Transparency and Enforcement) Act 2022, which was speedily enacted following Russia’s invasion of Ukraine).

Ed Smyth

14 June 2022

Corporate Criminal Liability: The Law Commission’s ten options for reform

On 10th June, the Law Commission launched its “Options Paper” which presents a number of ways in which the law of corporate criminal liability could be reformed. The detailed paper, accompanied by a 14 page summary document, sets out potential options for reform in this area and rules out other possibilities as not viable.

Caroline Day

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