Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
13 October 2020
Fitness and propriety investigations: practical considerations
How should regulated firms respond when issues come to light which call into question the fitness and propriety of a member of staff? In the second part of their series of fitness and propriety blogs, Jill Lorimer and Nick Ralph consider best practice. You can read the first part of the series by clicking here.
12 October 2020
Three years on and still no prosecutions for HMRC’s Corporate Criminal Offence
HMRC’s 2015 – 2020 business plan pledged to increase the number of criminal investigations and prosecutions into serious and complex tax crime, focusing particularly on wealthy individuals and corporates. The stated aim was to increase prosecutions in this area to 100 a year by 2020. Key to this strategy was the implementation of the corporate criminal offence (CCO) of failure to prevent the facilitation of tax evasion, which came into force on 30 September 2017.
9 October 2020
Directors disqualified following history of health and safety and waste law breaches
Brother and sister Mark and Rachel Penfold were directors of a waste management company. In February 2016 an employee of the business suffered a serious injury when his arm was caught in a conveyer he was operating whilst at work. The Health and Safety Executive prosecuted the company and both individuals under the Provision and Use of Work Equipment Regulations 1998 (PUWER).
8 October 2020
The NCA finally obtains the benefit of Unexplained Wealth Orders
The NCA will be pleased as punch with the highly publicised outcome of their investigation into the businessman Mansoor Hussain; using several of the tools at its disposal, the agency has agreed a settlement with Mr Hussain that will see him relinquish ownership of numerous properties, assets and cash to the amount of £9,802,828. All on the basis of his alleged links to serious organised crime in the UK but without the need for any criminal proceedings.
7 October 2020
FCA issues new guidance on fitness and propriety assessments in the financial services sector
The Financial Conduct Authority (“FCA”) has recently provided information to their regulated firms as to good and bad practice relating to, amongst other things, the carrying out of fitness and propriety (“F&P”) assessments.
- Controlling and coercive behaviour
- Corporate crime
- Corporate manslaughter and health and safety
- Crime and justice
- Cyber crime
- Extradition and international crime
- Financial crime and financial regulatory enforcement
- Fraud
- Internal investigations
- Legal Updates
- Online Safety Regulation
- Police investigations
- Proceeds of Crime
- The Economic Crime and Corporate Transparency Act
- Unexplained Wealth Orders
- Youth crime and justice