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Criminal Law Blog

6 July 2017

Highlights from the FCA Enforcement annual performance account 2016/17

The FCA Enforcement annual performance account 2016/17 was published on 5 July 2017  as part of the FCA Annual Report. Director of Enforcement Mark Steward reinforced the Enforcement Division’s mission to open and investigate many more cases of suspected misconduct. 

5 July 2017

FCA Annual Report 2016/17: conducting regulation with confidence

As far as end of term reports go the Financial Conduct Authority is pleased to give itself a pat on the back as it believes confidence in it as a regulator continues to improve. 

Louise Hodges

5 July 2017

The Magnitsky Clause Part 2: Profiting from the suppression of those who seek to assert their human rights?

In our previous blog we examined how the new Magnitsky Clause might affect those businesses and individuals who profit from, or assist, directly or indirectly, the suppression of whistle-blowers seeking to expose public sector corruption or illegal activity abroad. In this, our second blog on the Magnitsky Clause, we explore the second category of abuse stipulated in s.13 Criminal Finances Act 2017 (see s.241A2(a)(ii)), namely the suppression of those seeking to assert human rights or fundamental freedoms. 

Katherine Tyler

27 June 2017

The Magnitsky Clause Part 1: Profiting from the suppression of whistleblowers – what does it mean for business?

This is the first of two blogs considering section 13 of the Criminal Finances Act 2017 which was adopted to expand the scope of the existing civil asset recovery regime under Part 5 of the Proceeds of Crime Act 2002 specifically to capture the assets of those implicated in certain gross human rights abuses. 

Katherine Tyler

26 June 2017

EU Anti-Money Laundering rules: tackling risky business and reckless conduct

Soft Brexit or Hard Brexit there is no getting away from the fact that 26 June 2017 marks the day that the 4th EU Money Laundering Regulation (“4MLD”) applies. Great Repeal Bill or no the UK has to meet its obligations in this area and will do so under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (“MLR 2017”). These will replace the Money Laundering Regulations 2007 and the Transfer of Funds (Information on the Payer) Regulations 2007 (“MLR 2007”) and entered into force on the same day. 

Jonathan Grimes

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