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Corporate Crime & Compliance UK
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October 01, 2024
UK's 1st Sanction Fine Fires Warning Shot, But A Muffled One
Britain's sanctions enforcer's recently imposed its first fine for a breach of Russia-related restrictions — a modest reminder that the watchdog will penalize companies that fail to understand black-letter regulations rather than the warning shot that lawyers had expected.
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October 01, 2024
EU Markets Watchdog To Help Tighten Greenwashing Rules
The markets watchdog of the European Union said Tuesday that it will concentrate more on sustainable finance rules, and will develop tools to help national regulators address risks such as greenwashing.
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September 30, 2024
Angola's Isabel Dos Santos Can't Shake £580M Asset Freeze
The daughter of Angola's former president lost her challenge to a £580 million ($775 million) asset freeze, after a London appeals court ruled Monday that a lower judge had used the correct test to find that telecoms operator Unitel SA has a good case against her.
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September 30, 2024
German Lawyer Charged Over €428M Cum-Ex Fraud
A lawyer has been charged in Germany with several counts of "serious tax evasion" over his alleged role in a €428 million ($477 million) so-called cum-ex dividend tax fraud, a German court confirmed Monday.
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September 30, 2024
Ex-Meghraj Boss Still Being Pursued Over £1.8M Pension Bill
The U.K.'s retirement watchdog said Monday that a former company director was still being pursued for payment into a staff pension scheme, more than a year after he was slapped with a £1.8 million ($2.4 million) bill.
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September 30, 2024
FCA Secures 1st Conviction Of Illegal Crypto ATM Operator
A businessman pled guilty on Monday in London to running an illegal crypto ATM network in the U.K. in what the Financial Conduct Authority said was the first conviction in the country of its kind.
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September 30, 2024
Ex-Human Rights Lawyer Pleads Guilty To Fraud
A former British human rights lawyer admitted on Monday to making a fraudulent application for legal aid on behalf of Iraqi detainees bringing claims against British soldiers who served in Iraq, the National Crime Agency said.
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September 30, 2024
FCA And BoE Launch Digital Securities Sandbox
The Financial Conduct Authority and Bank of England said Monday they have opened a digital securities sandbox for applications, enabling entrants to use new technologies to issue and trade securities in traditional financial markets.
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September 30, 2024
UK Urged To Help Tackle Global £420B "Fraudemic"
Britain must do more to tackle the global "fraudemic," as one in five adults in the world has fallen victim to fraudsters at total cost of £420 billion ($560 billion) in the past three years, according to a think-tank's new report.
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September 27, 2024
Meta's Password Storage Flub Draws €91M Irish Fine
Ireland's data protection authority has hit Facebook parent company Meta Platforms Inc. with a €91 million ($101.5 million) penalty for allegedly storing users' passwords without encryption or other necessary safeguards, the regulator announced Friday.
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September 27, 2024
UK Man Indicted On $4M 'Hack-To-Trade' Scheme
New Jersey federal prosecutors announced Friday that a U.K. man has been arrested and is awaiting extradition on charges of hacking into the email accounts of several corporate executives in order to steal nonpublic information that he used to turn a profit of almost $4 million.
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September 27, 2024
FCA Efforts To Curb Misconduct Surge Behind The Scenes
The Financial Conduct Authority has brought a record number of criminal prosecutions against individuals, yet its crackdown on corporations is happening largely behind the scenes as the regulator challenges misconduct without opening formal investigations.
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September 27, 2024
Pair Defrauded Investors In UK Real Estate Ponzi Scheme
Two businessmen duped investors into putting their money into real estate developments across the U.K. by promising them unrealistic returns and using the proceeds of sales to pay previous investors, a London court ruled Friday.
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September 27, 2024
OFSI Issues 1st Fine For Breach Of Ukraine-Tied Sanctions
Britain's sanctions' enforcer has slapped a fine on a concierge company, marking the watchdog's first financial penalty for an alleged breach of the far-reaching financial restrictions imposed following Russia's invasion of Ukraine.
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September 27, 2024
Candey Cleared Of AML Breaches Over £24M Of Client Funds
Candey Ltd. was cleared on Friday of breaching money laundering regulations by failing to adequately check the source of nearly £24 million (£32 million) of client funds, by a tribunal that also found a former partner improperly transferred some of the money to third parties.
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September 27, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Coca-Cola bring a trademark infringement claim against its former marketing director, Glencore face legal action by American Century ETF Trust, law firm Bishop Lloyd & Jackson defend itself against two solicitors it worked alongside during inquiries into Grenfell Tower, and a U.K. cruise line face a claim by a subsidiary of the sanctioned gambling platform GTLK.
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September 26, 2024
Syrian Refugees' Terror Finance Case At Risk Over Costs
Syrian refugees must provide £1.6 million ($2.2 million) in security or risk having their case dismissed against two major Qatari banks they accuse of waging a "campaign of intimidation" because of their claims that the lenders funded a terrorist group.
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September 26, 2024
Sanctioned Billionaire Beats Claim Over $1B PhosAgro Stake
A Russian oligarch has lost his case accusing a former friend of unlawfully taking away his stake in a £3.7 billion ($5 billion) fertilizer business, as a London court found on Thursday that his claim to have been granted the share in a handshake agreement was implausible.
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September 26, 2024
Companies House Cracks Down On Misuse With New Powers
Companies House said Thursday that it has introduced new penalties for businesses that misuse the national register, the latest stage in implementing the U.K.'s sweeping anti-fraud reforms to tackle economic crime.
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September 26, 2024
Naomi Campbell Banned As Charity Trustee Over Misconduct
Naomi Campbell has been disqualified from being a charity trustee after a watchdog concluded on Thursday that there was serious financial mismanagement and misconduct at a poverty relief charity fronted by the British model.
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September 26, 2024
Law Society Turns Up Heat On SRA To Rethink Fining Powers
The Law Society has added its weight to growing pressure on the Solicitors Regulation Authority to re-think controversial plans to revise its fining powers, warning on Thursday that the proposals are confusing, flawed and "potentially unlawful."
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September 26, 2024
FCA Chair Never Considered Resignation Over Whistleblowers
The chair of the Financial Conduct Authority said Thursday that it did not cross his mind to resign over allegations of having mishandled whistleblowing reports.
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September 26, 2024
FCA Plans New Measures On Non-Financial Misconduct
The Financial Conduct Authority said Thursday that it will set out new policies on non-financial misconduct such as sexual harassment before the end of 2024, as an executive at the watchdog warned that "cultural issues" remain a problem at companies.
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September 26, 2024
Tereos Fined For Disclosure Failings During Merger Review
Britain's antitrust enforcer said Thursday that it has fined conglomerate Tereos for failing to provide information during its probe into the planned purchase of its U.K. business by food company Tate & Lyle.
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September 25, 2024
Google Files EC Complaint Against Microsoft Cloud Business
Google has lodged an antitrust complaint against Microsoft with the European Commission Wednesday, claiming that Microsoft's dominant software products illegally lock customers into its cloud computing platform Azure, allowing it to drive up costs and stifle innovation.
Expert Analysis
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No-Poach Agreements Face Greater EU Antitrust Scrutiny
EU competition authorities are increasingly viewing employer no-poach agreements as anti-competitive and an enforcement priority, demonstrating that such provisions are no longer without risk in Europe, and proving the importance of understanding EU antitrust law concerns and implications, says Robert Hardy at Greenberg Traurig.
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Key Points From EC Economic Security Screening Initiatives
Lawyers at Herbert Smith analyze the European Commission's five recently announced initiatives aimed at de-risking the EU's trade and investment links with third countries, including the implementation of mandatory screening mechanisms and extending coverage to investments made by EU companies that are controlled subsidiaries of non-EU investors.
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Following The Road Map Toward Quantum Security
With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.
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Why EU Ruling On Beneficial Ownership May Affect The UK
Following the EU judgment in Sovim v. Luxembourg that public access to beneficial ownership information conflicts with data protection rights, several British overseas territories and dependencies have recently reversed their commitment to introduce unrestricted access, and challenges to the U.K.’s liberal stance may be on the cards, says Rupert Cullen at Allectus Law.
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UK Gov't Response Clarifies AI Regulation Approach
Although the U.K. government’s recent response to its artificial intelligence consultation is a clear signal of its continuing pro-innovation approach to AI regulation, high-level systems are likely to be the focus of scrutiny and organizations may consider reviewing measures they have implemented to help identify risks, say Christopher Foo and Edward Machin at Ropes & Gray.
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Key Changes In FRC Code Aim To Promote Good Governance
The focus of the recently published Financial Reporting Council Corporate Governance Code on risk management and internal controls is to ensure the competitiveness of the U.K. listing regime while not compromising on governance standards, and issuers may wish to consider updating their policies in order to follow best practice, say lawyers at Debevoise.
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Ruling In FCA Case Offers Tips On Flexible Work Requests
In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.
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EU Vote Delay Puts Course Of Sustainability Directive In Doubt
With time to adopt the proposed EU Corporate Sustainability Due Diligence Directive during this Parliamentary term running out, and with upcoming elections threatening political uncertainty, the degree of compromise that may be needed to secure a "yes" vote now could undermine the shift the legislation seeks to achieve, say lawyers at Simpson Thacher.
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Full EU Import Border Controls Pose Hurdles For UK Cos.
The U.K.’s long-anticipated introduction of full border controls on imports of goods from the EU, due to complete by the end of 2024, brings the system broadly into line with goods imported from the rest of the world, but may result in delays, increased costs and disruption as businesses adapt, say Ben Chivers and Jonathan Rush at Travers Smith.
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Cos. Should Review Cookie Compliance After ICO Warnings
The Information Commissioner's Office recently restated its intention to take enforcement action on the unlawful use of nonessential cookies, and with the additional threat of public exposure and reputational damage, organizations should review their policies and banners to ensure they comply with data protection legislation, says Murron Marr at Shepherd & Wedderburn.
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New Fraud Prevention Offense May Not Make Much Difference
By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.
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Mitigating And Managing Risks Of AI Use In Private Equity
While generative artificial intelligence has the ability to transform private equity firms and their portfolio companies, its deployment brings inherent risks, including those presented by the forthcoming EU AI Act, requiring appropriate risk management strategies, processes and policies to be adopted, says Barry Fishley at Weil.
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Vodafone Decision Highlights Wide Scope Of UK's FDI Rules
The U.K. government’s recently imposed conditions required for its approval of Vodafone and Etisalat’s strategic relationship agreement under its National Security and Investment Act jurisdiction, illustrating the significance of the act as an important factor for transactions with a U.K. link, says Matthew Hall at McGuireWoods.
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Decoding UK Case Law On Anti-Suit Injunctions
The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.
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Consultation Docs Can Help EU Firms Prep For Crypto Regs
Firms providing crypto services should note two recent papers from the European Securities and Markets Authority defining proposals on reverse solicitation and financial instrument classification that will be critical to clarifying the scope of the regulatory framework under the impending Markets in Crypto-Assets Regulation, say lawyers at Hogan Lovells.