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Private prosecutions – A route to justice for the charity sector
Sophie Tang
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).
Amid increased focus on the regulation of cryptoassets in the UK, law enforcement agencies have carried out unprecedented raids targeting illegally-operated cryptocurrency ATMs.
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