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Criminal Law Blog

30 June 2021

Keeping the crypto market on its toes? The FCA publishes latest cryptoasset consumer research and takes regulatory action against Binance Markets Limited

For the fourth year the FCA has published research on the changing relationship between consumers and cryptoassets. In spite of the pandemic, the strong upward trend in public engagement and media coverage has continued, with the FCA estimating 2.3 million adults now hold cryptoassets.

Jill Lorimer

28 June 2021

Buying property with crypto assets: Can it ever be justified?

A Director at the National Crime Agency recently voiced concern about crypto assets being used to fund property purchases in the UK. The NCA’s Nigel Leary was quoted by The Times as saying: “Anything purchased with crypto assets I’d be slightly sceptical about. I’d like to see why they’re being done in that way and what the requirement is for that anonymity, and why it needed to be done in a crypto transaction.”

Daniel Browne

10 June 2021

Will the CPS’ decision to update its guidance mean an increase in prosecutions for failure to disclose under section 330 of POCA 2002?

Recent guidance issued by the CPS on the offence of ‘failure to disclose’ under section 330 of the Proceeds of Crime Act 2002 (‘POCA 2002’) states that it is now “possible to charge an individual under section 330 even though there is insufficient evidence to establish that money laundering was planned or has taken place.”

To date, there have seldom been prosecutions for this offence but this guidance – effectively removing a significant element of the offence - suggests that the CPS may be looking to bring more charges in the future.

Leena Lakhani

4 June 2021

“A global competition authority” – The future role of the CMA?

As individuals, businesses and government departments alike begin to plan their recovery from the disruption caused by the pandemic, the Competition and Markets Authority (“CMA”) is examining its role in respect of pandemic and post-pandemic market abuse.

Áine Kervick

2 June 2021

Select Committees and your right to silence

Dominic Cummings’ headline-grabbing appearance before the Covid select committee last week was in stark contrast to his 2018 refusal to appear when summonsed by the Culture, Media and Sport Committee investigating “Disinformation and ‘fake news’”.

David Sleight

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