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Corporate Crime & Compliance UK
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Featured
Forced Labor Ruling To Spur NCA Scrutiny On Supply Chains
An English appellate court's landmark findings that the National Crime Agency misunderstood the U.K.'s anti-money laundering powers could cast greater scrutiny on the extent of illicit goods flowing through companies' supply chains, lawyers say.
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July 26, 2024
SFO Probed ENRC Investigator For Separate Media Disclosure
A former Serious Fraud Office investigator accused of leaking information about a corruption investigation into mining company Eurasian Natural Resources Corp. was subject to disciplinary proceedings for making disclosures about another matter to the media, the SFO confirmed Friday.
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July 26, 2024
Funders Face Battles Over Returns A Year On From PACCAR
A year on from the Supreme Court's landmark decision that upended the financing of class actions, and failing any immediate legislative solution, lawyers say litigation funding agreements will continue to face scrutiny with new challenges to the returns funders can expect to earn.
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July 26, 2024
UK Gov't Denies Leaked Greensill Probe Caused Him Harm
The Insolvency Service leaked private details of an investigation into Lex Greensill, the founder of collapsed finance company Greensill Capital, to the national press, the government has admitted in court filings — but denied it caused him any harm.
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July 26, 2024
NCA Data Project Set To Catch Financial Criminals
The National Crime Agency and seven U.K. banks have forged a major public-private partnership to use account data to help catch financial criminals and prevent fraud and money laundering, the agency said Friday.
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July 26, 2024
EU Banks Must Improve Cyberattack Protection, ECB Says
Lenders in the eurozone still suffer from "shortcomings" in fighting against and recovering from a severe — but plausible — cyberattack, the European Central Bank said Friday after it conducted a resilience stress test.
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July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
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July 26, 2024
Fraudster Sentenced For Instagram Motor Insurance Scam
A man who made almost £18,000 by operating as a "ghost broker" and selling invalid car insurance policies on Instagram has been handed a suspended prison sentence of 24 months at a London court, City Police has said.
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July 26, 2024
Israeli Investigator Faces Jan. Hearing On Hacking Extradition
Israeli private investigator Amit Forlit will face a hearing in January to determine whether he will be extradited to the United States for allegedly conducting illegal hacking campaigns aimed at tarnishing organizations involved in environmental litigation, a London judge said Friday.
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July 25, 2024
Vince Cable Missed Shoosmiths' Warning Over Post Office IT
Shoosmiths LLP warned the government about problems with the IT accounting software which incorrectly showed shortfalls that the Post Office used to prosecute innocent people in 2012, documents disclosed to the inquiry into the scandal on Thursday showed.
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July 25, 2024
Audit Watchdog Sanctioned Firms £48M Last Year
The Financial Reporting Council revealed Thursday that it fined firms a total of £48.2 million ($62 million) in the financial year ended March 31, including a £21 million fine against auditor KPMG related to its accounting for construction giant Carillion prior to its collapse in 2018.
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July 25, 2024
Hayes Can Appeal Rate Rigging Conviction At Top UK Court
Two traders convicted of manipulating benchmark interest rates have been granted permission to appeal their cases to the U.K.'s highest court, their representatives said on Thursday.
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July 25, 2024
Plan To Return WealthTek Clients' Money Gets Green Light
The Financial Conduct Authority said Thursday that the High Court has approved a plan by the joint special administrators of collapsed regulated wealth manager WealthTek LLP to return money and investments it held for clients.
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July 25, 2024
4 Banks Ordered To Comply With UK Retail Competition Rules
HSBC, Lloyds, TSB and Allied Irish Banks have broken rules designed to help customers find the best deals, Britain's antitrust authority said Thursday, adding that it has ordered the lenders to comply with competition regulation.
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July 25, 2024
FCA Consumer Duty Deadline May Spark Clash With UK Gov't
The new Labour government and the Financial Conduct Authority could be heading for a clash over what constitutes a vulnerable consumer and how the laws protecting them from abuse should be enforced.
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July 25, 2024
Coinbase Unit Fined £3.5M For Crypto-Related Breaches
The Financial Conduct Authority said Thursday it has fined a payments company £3.5 million ($4.5 million) for "repeatedly breaching" restrictions against enabling crypto-asset trading, the first time the watchdog has taken enforcement action under regulations governing electronic money.
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July 24, 2024
Ex-Barclays CEO Told To Testify In Appeal Of Qatar Fees Fine
Former Barclays CEO John Varley was ordered by a London tribunal Wednesday to give evidence in the bank's appeal against a £50 million ($64.6 million) fine over its emergency fundraising with Qatar during the 2008 financial crash.
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July 24, 2024
Gas Plant Subcontractor Can't Ax £165M Fraud Claims
A London appeals court refused to block an engineering company's £165 million ($213 million) fraud claims Wednesday, ruling that although the action should have been brought earlier, it is genuine, and the delay has caused little difference to the case's progression.
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July 24, 2024
EU Trade Body Warns Against FCA Enforcement Plans
A trade body for European financial firms has warned that the Financial Conduct Authority's proposed naming of companies in enforcement investigations would make the U.K. an international outlier, damaging competitiveness.
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July 24, 2024
Cuban Bank Denies Transferring €72M Debt To Offshore Fund
Cuba's former central bank told an English appeals court Wednesday that an offshore fund cannot sue it over €72 million ($78.2 million) of unpaid sovereign debt, because it did not consent to the assignment of the debt to the fund.
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July 24, 2024
Gov't Backs Off Plans To Expand Scope of Anti-SLAPPs Laws
A government minister declined to say on Wednesday when politicians might introduce legislation to prevent powerful elites from making abusive legal claims to silence public scrutiny, saying they have to balance access to justice with legitimate claims.
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July 24, 2024
Russia Sanctions Enforcement Lacks Bite, UK Charity Says
Britain must develop a clearer sanctions enforcement strategy, an anti-corruption charity said on Wednesday, as it revealed that the government has issued no fines for breaches of rules since Russia invaded Ukraine in February 2022, more than two years ago.
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July 24, 2024
UK Bans 830 Directors For COVID Loan Abuse In 12 Months
Hundreds of company directors have been banned in the last year as a result of COVID loan abuse, the Insolvency Service said Wednesday, adding that it has recovered almost £3 million ($3.8 million) of taxpayers' money.
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July 24, 2024
SRA Reports 2 Law Firms For Suspected Sanctions Breaches
The Solicitors Regulation Authority has reported two law firms to the sanctions watchdog for suspected breaches of measures against Russia for the first time since the invasion of Ukraine more than two years ago.
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July 24, 2024
British Steel Pension Redress Scheme Pays Out £8.7M
The Financial Conduct Authority said Wednesday that its redress program for steelworkers given poor pensions advice has paid out a total of just £8.7 million ($11.2 million) in compensation.
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July 23, 2024
US, UK, EU Antitrust Enforcers Outline AI Principles
The top antitrust officials from the U.S. Justice Department, the Federal Trade Commission, the European Commission and the U.K.'s Competition and Markets Authority presented a unified international commitment Tuesday to closely monitor artificial intelligence technology and the companies that they warned could wield AI anticompetitively.
Editor's Picks
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How 3 Firms Cleared 2 Ex-Autonomy Execs In HP Fraud Case
A California federal jury's rejection last week of fraud charges against the founder and former finance vice president of British software company Autonomy validated an approach by the defendants' three law firms — Steptoe, Clifford Chance and Bird Marella — to form a "seamless" collaboration throughout the trial, from jury selection to closing arguments.
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Starmer Could Crack Judicial Crisis, Former CPS Chiefs Say
Keir Starmer's lead in the polls as the general election in July approaches has sparked hopes among criminal justice advocates that the Labour leader — a former top prosecutor — will implement reforms as prime minister.
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Pillsbury's New UK White Collar Chief Eyes Success In London
Former Serious Fraud Office "powerhouse" Audrey Koh is in the building, and Pillsbury Winthrop Shaw Pittman says it now has the tools to launch its white-collar and corporate investigations practice in London. Here, Koh and managing partner Matthew Oresman survey the legal landscape.
Expert Analysis
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Key Takeaways From Proposed EU Anticorruption Directive
The European Commission's anticorruption proposal, on which the EU Council recently adopted a position, will substantially alter the landscape of corporate compliance and liability across the EU, so companies will need to undertake rigorous revisions of their compliance frameworks to align with the directive's demands, say lawyers at Linklaters.
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Implications Of EU Network Directive For Data Center Owners
With the October implementation deadline of the EU’s new cybersecurity regime under the Network Systems Directive fast approaching, data center owners and operators need to consider compliance steps, and U.K. companies providing services in the EU should take note, say lawyers at Bird & Bird.
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New EU Guidelines Provide Insights On Global AI Regulation
The European Data Protection Supervisor’s first guidelines on artificial intelligence only apply to governmental bodies, but together with the EU AI Act they demonstrate a strong and prescriptive policy, and offer a glimpse into what could be the next phase in world AI regulation, says Kevin Benedicto at Redgrave.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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How AI Treaty Will Further Global Governance Cooperation
The EU’s recently adopted treaty on artificial intelligence represents a significant step toward global cooperation in AI governance in emphasizing human rights obligations, although additional guidance and clarity would be beneficial to minimize varied interpretations at national level, say lawyers at Eversheds Sutherland.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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How Regulation Of Tech Providers Is Breaking New Ground
The forthcoming EU regulation on digital operational resilience and the U.K. critical third-party regime, by expanding the direct application of financial services regulation to designated technology providers, represent a significant development that is not to be underestimated, say David Berman and Emily Lemaire at Covington.
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Takeaways From EU's Initial Findings On Apple's App Store
A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.
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Why Trustees Should Take Note Of Charity Code Consultation
The Charity Governance Code Steering Group's recently launched governance code consultation is unlikely to result in a radical overhaul, but with the bigger issue being awareness and application by smaller underresourced charities, trustees should engage with the process to help shape the next iteration of this valuable tool, says Chris Priestley at Withers.
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What EU Net-Zero Act Will Mean For Tech Manufacturers
Martin Weitenberg at Eversheds Sutherland discusses the European Council’s recently adopted Net-Zero Industry Act and provides an overview of its main elements relevant for net-zero technology manufacturers, including benchmarks, enhanced permitting procedures and the creation of new institutions.
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Complying With EU Commission's Joint Purchasing Rules
One year after the European Commission released its revised guidelines on horizontal cooperation agreements, attorneys at Crowell & Moring reflect on the various forms such agreements can take, and how parties can avoid structuring arrangements that run afoul of competition law.
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Tips For Implementing EU Sustainability Reporting Guidance
Lawyers at Sullivan & Cromwell discuss the European Financial Reporting Advisory Group’s recently published guidance on double materiality assessments and offer takeaways on achieving a sustainability directive-compliant process that could enhance clarity and consistency among multinational stakeholders.
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How CMA's AI Strategic Update Addresses Industry Risks
The Competition and Markets Authority’s recent artificial intelligence strategic update, setting out the regulator’s understanding of AI risks and how it intends to address them, is indicative of its focus on incumbent technology organizations, although future political developments in the U.K. may also shape the CMA's approach, say Christopher Foo and Carol Slattery at Ropes & Gray.
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Labour's 'Fresh Approach' To Tackling Financial Crime
Given newly elected Prime Minister Sir Keir Starmer’s background as a criminal defense lawyer and director of public prosecutions, an administration with strong views on financial crime can be expected, and revenue raising and proceeds of crime recovery are likely to be at the forefront, says Matthew Cowie at Rahman Ravelli.