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25 February 2016

Market abuse risks: Financial Conduct Authority hands down £1.2 million fine

On 23 February the Financial Conduct Authority (FCA) took action against W H Ireland Limited (WHI) handing down a £1.2million fine and confirming that the company was restricted for a period of 72 days from taking on new clients in its corporate broking division.  The FCA found that during a period from 1 January and 19 June 2013, WHI failed to ensure it had the proper systems and controls in place to prevent market abuse being detected or occurring. 

Caroline Day

19 February 2016

Tackling overseas corruption - MPs ask questions of Government approach

Ahead of the Prime Minister’s Anti-Corruption Summit, to be held in London in May, the International Development Committee is holding an inquiry into the direction and effectiveness of the Department of International Development’s (DFID) current anti-corruption efforts.

Recalling that in 2013 DFID published anti-corruption strategies for all the countries it works in, the Committee is inviting evidence as to how effective these have been and how to measure that success. Questions are asked of whether the existing strategies adequately take into account the political and social context of the countries in question and whether there are certain sectors that require particular attention.  It is exploring what the balance should be between seeking to tackle corruption top down at institutional level and bottom up at the grass roots, and in particular, on what works now and what is not working as well, and why.
 

Caroline Day

18 February 2016

Robbery Definitive Guideline - Some clarity but more confusion?

The Sentencing Council’s new Definitive Guideline on Robbery comes into force on 1 April 2016.  The guideline addresses three distinct types of robbery: street and less sophisticated commercial robbery, professionally planned commercial robbery; and, robbery in a dwelling. The guideline provide welcome clarification, particularly in relation to robberies at the more serious end of the spectrum, but may lead to further confusion in respect of robbery in a dwelling when considered alongside the guideline for aggravated burglary.

18 February 2016

Joint enterprise: Supreme Court decision a welcome and just clarification

Today (18 February) the Supreme Court has handed down its landmark decision in R v Jogee (Appellant). Judgment was delivered following a hearing 27 – 29 October 2015. This was the first time that the highly contentious common law doctrine of joint enterprise has been looked at by the Supreme Court. Sandra Paul examines the issues involved. 

Sandra Paul

18 February 2016

Fifth Money Laundering Directive on the horizon?

A top international political priority currently is the fight against terrorist financing. Bolstering the anti-money laundering regime is seen as one way to tackle this and a number of decisions have been taken at international level to speed up AML reforms and improve co-operation between law enforcement. Although targeting terrorist financing, its impact will be felt in all areas of finance.

Louise Hodges

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