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The Territorial Reach of the SFO - The Supreme Court Decides
Providing his view on the UK Bribery Act, Alun quoted:
The primary aim of the legislation was never to have a high enforcement rate, but rather a high degree of compliance."
To that end, it has been a success."
This article was first published by Compliance Week on 14 July 2021 which you can read in full by clicking here (subscription required).
For further information on the issues raised in this news article, please contact a member of our Bribery and Corruption team.
Alun Milford is a Partner in the Criminal Litigation team and specialises in serious or complex financial crime, proceeds of crime litigation and corporate investigations. He has particular knowledge and experience of issues surrounding corporate crime and deferred prosecution agreements. He joined Kingsley Napley from the public sector where, over a twenty-six year career as a government lawyer and public prosecutor, he worked in a wide variety of roles including General Counsel at the Serious Fraud Office, the Crown Prosecution Services’ Head of Organised Crime, its Head of Proceeds of Crime and Revenue and Customs Prosecutions Office’s Head of Asset Forfeiture Division.
Rebecca Niblock and Mary Young follow on from an article they wrote in September 2020 about whether there should be a right to banking, and the possibly unintended consequences of banking facilities being withdrawn or frozen.
In a article originally written for Legal Action Group, Rebecca Niblock and Edward Grange, examine two important changes since the last edition of Extradition law: a practitioner’s guide.
On 20 July 2021 Vue Entertainment Ltd (‘Vue’) was fined £750,000 and ordered to pay costs of £130,000 following a fatal accident at the Star City cinema in Birmingham on 9 March 2018.
This last year has undoubtedly been a busy and challenging one for the Competition and Markets Authority (CMA). It has seen additional activity arising from its response to the Covid pandemic, the further responsibilities it has taken on post-Brexit (see our related blog: #Brexit, the CMA and competition enforcement), and its work concerning the design and implementation of a pro-competition regime in digital markets. This article looks at its recently published Annual Report and Impact Assessment, calls for change, and the work it has been doing in relation to digital markets.
Charities are not immune to financial crime, fraud or other wrong-doing; there are a number of ways in which charities may be exploited by criminals.
On 9 July 2021 Southern Water Services Ltd (SWS) was fined £90 million, to be paid out of company operating profits, in what was the largest fine ever imposed on a water company.
This quarterly environmental law update provides a summary of a cross-section of news stories in the period April 2021 - June 2021.
The recent case of R v Wood Limited Treatment highlights the problems faced by prosecution authorities in proving causation for the purposes of establishing criminal liability for corporate manslaughter.
Account Freezing Orders (AFrOs) are a measure introduced by the Criminal Finances Act 2017 and have been available to a wide range of law enforcement agencies since February 2018.
The Financial Conduct Authority (FCA), in its annual business plan published today, sets out its areas of focus for the year ahead. It is, as ever, essential reading for all those in the regulated sector.
In September 2020 the FCA published a statement regarding the listing of cannabis-related businesses (CRBs) in the UK. Since then several CRBs have been admitted to the London Stock Exchange (LSE) and appetite for investments in the medicinal cannabis industry continues to grow.
It’s the incendiary network exposing the rape culture endemic in our schools — but are innocent teenage boys getting caught in the crossfire? Katie Strick reports on a rising conflict in education
The head of the Youth Justice Board has rightly criticised the Government’s plans to raise child custodial sentences. At a time when England and Wales falls behind most European countries in protecting children with the lowest age of criminal responsibility (10), it is inexplicable that the Government is taking a further regressive step by seeking to increase the length of time that children must spend in prison.
Many art dealers, galleries and auction houses are now subject to the UK’s anti-money laundering regime and are defined as art market participants (AMPs) - see our related blog The compulsory embrace of the art market by the UK's Anti-Money Laundering regime. On 28 June HMRC published its first assessment of the key areas that AMPs should consider when conducting their own assessments of the risk of money laundering and terrorist financing to which their business is subject.
In March 2021 the Chancellor announced the establishment of a taskforce to investigate those who may have fraudulently made use of government schemes set up to protect individuals and businesses against the economic impact of COVID-19 – such as the Coronavirus Job Retention Scheme (CJRS) (widely referred to as the Furlough scheme), the Self-Employment Income Support Scheme (SEISS) and the ‘Eat Out to Help Out’ Scheme.
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.
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.”
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