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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
A recent special Fraud and Financial Crime report produced by Raconteur and published in The Times* included an article exploring why this year, 2023, “could prove to be a pivotal year for anti-fraud regulation”. The points to look out for included the significant changes to the criminal law which look set to be brought about by way of the Economic Crime and Corporate Transparency Bill (in particular the creation of at least one new ‘failure to prevent’ fraud offence), reforms to Companies House, enhanced transatlantic cooperation on the transfer of data, and plans to regulate the crypto sector.
Data demonstrates the correlation between GDP declining and recorded fraud offences increasing – after what we’ve collectively been through over the past few years, businesses should be ready for an upsurge in fraud being uncovered.
Over the past months, a private members’ Bill has been making its way through Parliament, without a great deal of media coverage. The name of the draft law, the Offenders (Day of Release from Detention) Bill, does not do much to communicate its significance. In fact, on reading it, you would be forgiven for thinking this is not much more than an administrative statute – a tidying up provision to correct one of the many obscurities of the legal system.
For more than a decade, lawyers, academics and business representatives have been discussing the need for a new approach to corporate criminal liability for economic crime. With significant expansion of the tried and tested failure to prevent (FTP) structure now imminent, and further debate on the Economic Crime and Corporate Transparency Bill scheduled for late March, there are questions still to be answered.
The focus of these annual events, which have been hosted since 2018 (save for a break during the “covid years”), has traditionally been on international criminal law, a field in which we have a long-established reputation. In recent years, this focus has broadened to encompass other important, related cross-border areas in which we also have expertise, namely the fields of business and human rights, and environment, social and governance matters (ESG).
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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