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Corporate Crime & Compliance UK
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August 01, 2024
Watchdog Names Banks Reimbursing Few APP frauds
The Payment Systems Regulator found Thursday that banking groups varied widely in how far they reimbursed victims of authorized push payment fraud, with AIB Group, Danske Bank and Monzo making the lowest payouts in its 2023 performance report.
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August 01, 2024
Law Firm, Partners Fined Over Misuse Of Client Cash
A law firm and two of its name partners have been fined a total of £36,000 ($46,000) plus costs after a tribunal found that they had used client funds to provide banking services rather than legal services and failed to have any anti-money laundering protections in place.
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August 01, 2024
SFO Charges Glencore's Billionaire Ex-Oil Boss With Bribery
The Serious Fraud Office charged the former chief executive of Glencore's oil business and four other ex-employees with bribery on Thursday over allegations they made corrupt payments to government officials to win contracts in West Africa.
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July 31, 2024
HSBC Says HUD Has Closed Fair Lending Probe
HSBC's U.S. banking arm said it is no longer facing a multicity fair lending investigation from federal housing authorities after an outside complaint that prompted the probe was withdrawn.
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July 31, 2024
Jusan, News Outlet End Libel Dispute Over Ex-Kazakh Leader
Jusan Technologies Ltd. has settled its defamation claim against the Bureau of Investigative Journalism stemming from online reports that the company was set up to hide assets belonging to a former president of Kazakhstan, the news organization said Thursday.
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July 31, 2024
FCA Can't Avoid Paying Julius Baer Bankers' Legal Costs
Britain's financial watchdog lost its appeal to avoid paying part of the legal costs for two former employees of Swiss bank Julius Baer accused of acting recklessly and lacking integrity with specific foreign exchange transactions.
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July 31, 2024
Indian Businessman Loses Extradition Over $32M Loan Fraud
An Indian businessman accused of defrauding 28.6 million Swiss francs ($32.5 million) from companies in an advance fee fraud scheme lost his chance to challenge the decision to extradite him from the U.K. on Wednesday after a London judge ruled that he could not mount a double jeopardy defense.
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July 31, 2024
Care Home Company Fails To Trim Workers' Payouts
A London appeals judge on Wednesday refused to let a care home company reduce the amount of money it must pay out to workers fired for protected disclosures about their pay, saying that the lower tribunal had been right that it was not "just and equitable" to do so.
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July 31, 2024
Retired Couple Can't Duck Ex-Solicitor's Forex Deceit Win
A London appellate court ruled Wednesday that a financial advisor and his wife cannot escape liability to compensate a former lawyer over £500,000 ($642,135), after the appellate judge found they were partners in a now-defunct foreign exchange trading scheme.
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July 31, 2024
Amazon, Eversheds Lawyers Can't Shake Whistleblower Claim
Amazon's senior employment lawyer and two Eversheds Sutherland solicitors have failed to block an unfair dismissal claim brought by an ex-employee of the tech giant's cloud business, after a London tribunal found it was too early to rule on their responsibility for his leaving.
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July 31, 2024
Rosling King's Defense Trimmed In Negligence Claim
A judge on Wednesday tossed out part of Rosling King LLP's defense to a negligence claim brought by a former client, finding the law firm could not challenge an earlier decision that a litigation strategy was bound to fail.
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July 31, 2024
Ex-Fieldfisher Lawyer Says Sex Assault Claim Was Conspiracy
A former senior associate at Fieldfisher LLP sacked over sexual harassment allegations told a tribunal Wednesday that a "group of close friends" had conspired to falsely accuse him of sexually assaulting a co-worker in a toilet during a work event.
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July 31, 2024
SFO Eyes Potential £237M Legal Bill For ENRC Misconduct
The Serious Fraud Office has registered a potential £237.7 million ($305 million) payment to ENRC for damages over findings that its officers encouraged a former partner at Dechert LLP to divulge confidential information about alleged corruption at the Kazakh miner.
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July 31, 2024
Gov't Plans Backstop Legislation To Tackle Audit Backlog
The new Labour government said Wednesday it is preparing legislation to introduce a statutory backstop as the U.K. faces a growing backlog of audits of local authorities.
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July 31, 2024
FCA Maintains Restrictions On London Stone Securities
The Financial Conduct Authority said Wednesday that it will continue to restrict London Stone Securities, preventing the wealth manager from conducting any regulated activities because of serious concerns that it is not delivering good results for clients.
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July 30, 2024
Consumers Can Appeal Some Blocked UK Mastercard Claims
The United Kingdom's specialty antitrust court gave the go-ahead Tuesday for a partial appeal of its June decision scrubbing as time-barred a swath of claims from a £10 billion ($12.7 billion) class action against Mastercard, while concluding some grounds of appeal have no "real prospect of success."
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July 30, 2024
UK Healthcare Ex-Directors Banned For £30M In Unpaid Taxes
Two former directors of a defunct U.K. healthcare company are banned from holding executive positions at any business after failing to pay more than £30 million ($38.5 million) in taxes, the government's insolvency agency said Tuesday.
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July 30, 2024
Misleading Invoices Rose 63% In Last Year, IPO Warns
The Intellectual Property Office issued a fresh warning Tuesday for customers to beware of unsolicited payment requests typically in the form of invoices for trademark, design or patent services.
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July 30, 2024
Fieldfisher Defends Lawyer's Sacking Over Sexual Misconduct
A Fieldfisher LLP partner who sacked a senior associate over sexual harassment allegations told a tribunal Tuesday she stood by her decision as she gave evidence against the lawyer who claimed that he had been unfairly dismissed.
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July 30, 2024
NCA Ducks Litigation Risk In 1st Seizure Of Sanctioned Assets
The decision by the National Crime Agency to secure the forfeiture of the assets of a sanctioned Russian oligarch is a pragmatic victory that avoids the risk of setting a damaging legal precedent, lawyers say.
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July 30, 2024
Bahraini Dissidents Say Bugging Case Belongs In England
Two Bahraini dissidents urged a London appeals court Tuesday to uphold a ruling that the Gulf state cannot block them from suing it for allegedly infecting their computers with spyware because the hacking took place in the U.K.
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July 30, 2024
Forsters Pro Ducks Liability In Fight Over Billionaire's Estate
A Forsters LLP private wealth solicitor cannot be held personally liable while he represents the estate of a Russian oligarch in a dispute over his $3.7 billion fortune unless the lawyer's actions are dishonest or fraudulent, a London court has ruled.
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July 30, 2024
Bank Of England Plans New Scrutiny Of Foreign Banks In UK
The Bank of England's regulatory arm proposed Tuesday new requirements for overseas banks with U.K. operations, to help detect some risks to financial stability that had arisen in the collapsed Silicon Valley Bank UK, sold to HSBC.
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July 30, 2024
ENRC Founder's Daughter Poised To Quash SFO Conviction
The Serious Fraud Office said Tuesday that it will not contest an appeal by the daughter of one of the founders of Eurasian Natural Resources Corp. against her conviction for failing to hand over documents in the agency's corruption investigation into the Kazakh mining company.
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July 30, 2024
FCA Could Extend Deadline On Motor Finance Complaints
Britain's financial watchdog is considering whether to extend the deadline for motor finance companies to deal with complaints from customers about commission arrangements while the regulator investigates whether past deals were compliant with a 2021 ban.
Expert Analysis
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Clarity Is Central Theme In FCA's Greenwashing Guidance
Recent Financial Conduct Authority guidance for complying with the U.K. regulator's anti-greenwashing rule sends an overarching message that sustainability claims must be clear, accurate and capable of being substantiated, say lawyers at Cadwalader.
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What The EU Sustainability Directive Will Mean For Companies
The European Parliament’s recent approval of the landmark Corporate Sustainability Due Diligence Directive provides welcome clarity for small and midsize enterprises regarding human rights and environmental due diligence expectations, forming part of a growing pressure on companies around the world to operate ethically and sustainably, say lawyers at Jenner & Block.
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What Can Be Learned From CMA's Green Claims Investigation
The Competition and Markets Authority's recent investigation into retailers' allegedly misleading environmental claims demonstrates that all consumer-facing businesses must exercise caution and ensure their green credentials are genuine, say Charlotte Kong and Stephen Sidkin at Fox Williams.
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The Art Of Corporate Apologies: Crafting An Effective Strategy
Public relations challenges often stop companies from apologizing amid alleged wrongdoing, but a recent U.K. government consultation seeks to make this easier, highlighting the importance of corporate apologies and measures to help companies balance the benefits against the potential legal ramifications, says Dina Hudson at Byfield Consultancy.
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AI Tools Could Enhance UK Gov't Public Services Strategy
The government’s recently announced intention to pilot artificial intelligence tools in routine policy work is part of a wider strategy to revolutionize the delivery of public services, and could improve productivity and create efficiencies, provided it is mindful of the potential risks involved, say attorneys at Akin.
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Taking Stock Of The Latest Criminal Court Case Statistics
The latest quarterly statistics on the type and volume of cases processed through the criminal court illustrate the severity of the case backlog, highlighting the need for urgent and effective investment in the system, say Ernest Aduwa and Jessica Sarwat at Stokoe Partnership.
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ICO Data Protection Guidance Offers Clarity On Fining Powers
New guidance from the Information Commissioners' Office is designed to offer transparency about its fining powers, and, combined with the office's wide-ranging enforcement authority, clearly intends to ensure breaching companies concentrate on the external harm they cause and not only internal changes, say Robert Allen and Amelia Handoll-Clark at Simmons & Simmons.
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Hugh Grant Case Raises Questions About Part 36 Offers
Actor Hugh Grant's recent decision to settle his privacy suit by accepting a so-called Part 36 offer from News Group — to avoid paying a larger sum in legal costs by proceeding to trial — illustrates how this legal mechanism can be used by parties to force settlements, raising questions about its tactical use and fairness, says Colin Campbell at Kain Knight.
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Investment Security Act Fine-Tune May Help Businesses
Although the government’s recent response to feedback on the National Security and Investment Act regime makes it clear that its approach is one of fine-tuning and substantial reforms will have to wait, there is still room to ease the burden on businesses by issuing guidance and refining the terms of mandatory area definitions, say lawyers at Linklaters.
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How New FCA Rules Strengthen Borrower Protections
The Financial Conduct Authority’s recently published final rules, aimed at strengthening protections for borrowers in financial difficulty by regularizing good practices across the industry, put its previous guidance on a permanent footing and send a clear message to firms that this issue remains a regulatory priority, say James Black, Julie Patient and Mark Aengenheister at Hogan Lovells.
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How Cos. Can Prepare For EU's Forced Labor Regulation
Before a new European Union regulation takes effect banning products made with forced labor from the internal market, economic operators will need to get their supply chain compliance functions ready, familiarizing themselves with international standards and case law, say Vassilis Akritidis and Jean-Baptiste Blancardi at Crowell & Moring.
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Opinion
New Property Category Not Needed To Regulate Digital Assets
The U.K. Law Commission's exploration of whether to create a third category of property for digital assets is derived from a misreading of historical case law, and would not be helpful in resolving any questions surrounding digital assets, says Duncan Sheehan at the University of Leeds.
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FTSE Draft Rules Show Impact Of FCA Listing Reforms
FTSE Russell’s recently published provisional rule changes represent a much-awaited indication of its response to the U.K. Financial Conduct Authority’s proposed listing reforms, providing a level of certainty that will assist issuers and advisers in preparing for the implementation of the regime, say lawyers at Davis Polk.
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FCA Strikes A Balance With 'Finfluencer' Guidance
With financial firms leveraging social media to engage with a broader audience, the Financial Conduct Authority’s recent "finfluencer" guidance signals a recognition of the imperative to adapt regulatory frameworks while maintaining a firm commitment to consumer protection, say David Allinson and Damien O'Malley at RPC.
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Pharma Remains A Key Focus Of EU Antitrust Enforcement
The recently published European Commission report on pharmaceutical sector competition law illustrates that effective enforcement of EU rules remains a matter of high priority for EU and national authorities, say lawyers at Dechert.