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Category: Corporate crime

Corporate crime General

FCA proposes guidance on systems and controls for insider dealing

Dorian Lovell-Pank12th April 201817th April 2018
Background The FCA publishes a guide on financial crime which, although not part of the FCA Handbook, is intended to enhance understanding of its expectations of systems and controls in...
Corporate crime Crime Proceeds of crime

First unexplained wealth orders made by the High Court

Simon Ray6th March 20186th March 2018
Section 1 of the Criminal Finances Act 2017 added a new investigative tool to the Proceeds of Crime Act 2002 (sections 362A to 362I)(“the Act”). The new measure, known as...
Corporate crime Crime General International

Electronic data: does the long arm of the law reach across continents?

Miranda Hill26th February 201826th February 2018
When Lord Halsbury stated in 1891 ‘all crime is local’, he cannot have foreseen the complications and challenges created by technological advances.  Commonly understood notions of territoriality and jurisdictional scope...
Corporate crime General

Failing to prevent the facilitation of tax evasion: note on Government’s guidance

Dorian Lovell-Pank9th January 20188th January 2018
The Criminal Finances Act 2017 introduced two new offences (the first relating to the UK and the other to a foreign jurisdiction), each committed where a relevant body (those most...
Corporate crime Crime General

Disclosure: time to cut the Gordian knot?

Sarah Whitehouse QC3rd January 2018
Non-disclosure in criminal proceedings has long been recognised as a “potent source of injustice” (per Glidewell J in R v Ward [1993] 1 WLR 619, the successful appeal against convictions...
Corporate crime Crime Extradition General Regulatory

Righting another ‘wrong turn’? Dishonesty in Ivey v Genting: Part II

Katherine Hardcastle10th December 201711th December 2017
In this second of two posts (the first can be found here), the criticism of the Ghosh test is considered, together with a brief outline of the concept of dishonesty...
Corporate crime Crime Extradition General Regulatory

Righting another ‘wrong turn’? Dishonesty in Ivey v Genting: Part I

Katherine Hardcastle7th December 2017
This blog has previously featured a summary of the landmark judgment in Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67 and a post examining the dishonesty test now to be applied in criminal...
Corporate crime Crime Extradition General Regulatory

How now to spot dishonesty

Duncan Atkinson QC26th November 201727th November 2017
What place a defendant’s state of mind following the Supreme Court decision in Ivey v Genting [2017] UKSC 67? (more…)
Corporate crime Crime

Section 2 notices: here and now?

David Perry QC22nd November 201728th November 2017
Section 2(2) and (3) of the Criminal Justice Act 1987 (‘CJA 1987’) empower the Director of the Serious Fraud Office (‘the SFO’) to give notice in writing requiring a person...
Corporate crime Crime Extradition General

Co-operating after Brexit — what’s the future for security, law enforcement and criminal justice?

Rosemary Davidson15th November 201715th November 2017
The Government’s paper ‘Security, law enforcement and criminal justice: a future partnership paper’ suggests that the intention is to maintain a similar level of co-operation with the EU following Brexit....

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