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Corporate Crime & Compliance UK
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November 12, 2024
Metro Bank Fined £16M For Failed Money Laundering Controls
Metro Bank PLC has been fined more than £16.6 million ($21.2 million) for not having proper systems to detect potential money laundering activity for more than four years, the financial watchdog said Tuesday.
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November 11, 2024
Barings Lawyers Cleared Of Misleading Clients In SRA Case
A tribunal has dismissed a case against two senior lawyers at the consumer finance firm Barings Ltd. who were accused of misleading clients over payday loans claims and sending out letters on behalf of fictional clients, including Mickey Mouse.
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November 11, 2024
Rival Amazon Claims Compete To Lead Retailers' Class Action
Lawyers representing two proposed rival class actions faced off at the Competition Appeal Tribunal on Monday as they vie to represent thousands of third-party Amazon retailers that claim the technology giant abuses its dominant position to boost its sales.
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November 11, 2024
Motorola Fights UK Watchdog's Emergency Network Price Cap
Motorola asked the appellate court Monday to toss a decision by the antitrust watchdog that restricted how much the tech giant can charge Britain's emergency services to use its Airwave network, saying the limitation was based on errors in market calculations.
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November 11, 2024
Ex-BGC Broker Accused Of Hiding Assets In £23M Fraud Case
A former BGC Partners employee faces a potential jail sentence after the U.S. financial services company accused him at a London court on Monday of hiding his assets in breach of restrictions imposed after a £23.5 million ($30.25 million) fraud against the business.
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November 11, 2024
RPC's Sam Tate On DPAs, Fraud And The Appeal Of Plumbing
Sam Tate — now head of white-collar crime at RPC — decided to be a lawyer at the age of 11. Here, he tells Law360 about growing enforcement burdens on companies, problems surrounding the U.K.'s compensation models for whistleblowers and overseas victims, and how Nick Ephgrave's first year as SFO director stacks up.
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November 11, 2024
FCA Fines Director Of Insurer For Misusing Money
The Financial Conduct Authority said Monday that it has banned the former director of an insurance broker from working in financial services and fined him £1.1 million ($1.4 million) for misusing money that was owed to insurers.
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November 10, 2024
SRA Closed 43 Firms For Mishandling Client Money In 2023
The closure of Axiom Ince Ltd. by the solicitors' watchdog was just the tip of the iceberg, as new data shows that the regulator was responsible for shuttering more than 10% of all law firms which folded in 2023.
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November 08, 2024
Cohen & Gresser Taps French Firm For White Collar Pro
Cohen & Gresser LLP has recruited a white collar expert in France to augment its capabilities representing clients in international regulatory investigations and cases involving allegations of financial crimes.
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November 08, 2024
Oligarch's Estate Resists Fraud Claim In $3B Inheritance Fight
The estate of a Russian cement tycoon has resisted claims by his widow and daughter that the businessman plotted to defraud them of their inheritance as part of a battle over more than $3 billion worth of assets.
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November 08, 2024
Apache To Pull North Sea Investments Over UK Windfall Tax
Texas-based oil giant Apache Corp. said Friday that it will wind up its North Sea oil operations by 2030 in response to the U.K.'s plan to raise the energy profits levy — known as the windfall tax — by 3 percentage points.
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November 08, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed German airline Air Berlin take action against its former auditor KPMG, the associate editor at The Spectator hit with a libel claim by a mosque over the far-right riots that took place in August and British licensing authority the Performing Right Society sue Parklife Manchester and four other festival organizers. Here, Law360 looks at these and other new claims in the U.K.
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November 08, 2024
Insurers Urge Shared Approach To Define Major Cyber-Events
Limited historical evidence about major cyber-events makes it difficult to define the risks insurers face, experts have said, as they urge businesses to consider a shared approach when they describe "one of the most" prominent dangers to the sector.
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November 08, 2024
Auditor Blames Lendy's Misstatements For Investor Losses
An auditor has admitted it made mistakes when it vetted a lending platform's accounts but denied the failures caused investors to lose an alleged £15.6 million ($20.2 million), claiming the platform had fraudulently misrepresented its financial health.
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November 08, 2024
Shipowner Wins OK To Sell Oil Stranded At Sea By Sanctions
A shipowner can sell crude oil that was stranded at sea when the charterer was placed on a U.S. sanctions list, a London judge said Friday, ruling the cash from the ultimate buyer can be paid into the English courts.
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November 08, 2024
Nigerian Oil Mogul Wins Fight To Lift $33M Freezing Order
A Nigerian oil and gas magnate won his battle to scrap a $33 million freezing order on Friday, as a London court ruled that he was not likely to dissipate his assets to avoid paying a fuel trader.
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November 08, 2024
Lawyers Deny Giving Bad Advice On £635K Crypto-Fraud
A boutique investment law firm has denied providing "valueless advice" to an alleged victim of a cryptocurrency fraud on how to recover her money, and said it helped to secure a freezing order against the fraudsters.
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November 07, 2024
Binance Cites AML Breaches In €144M Solaris Debit Card Row
A Binance company has hit back at online banking group Solaris' €144 million ($156 million) claim over a collapsed cryptocurrency debit card scheme, telling a London court it was entitled to end the deal after Solaris companies broke anti-money laundering rules.
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November 07, 2024
UK Sanctions Mercenaries Tied To Russia's War Machine
The U.K. government on Thursday sanctioned 56 companies and individuals operating in Africa that it said were responsible for supporting Russia's military industrial complex, in the largest wave of restrictions since 2023.
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November 07, 2024
5 Lessons For Lawyers From The UK Gov't Anti-Fraud Advice
Britain's largest companies face a challenge after being given 10 months to build safety rails to stop their employees committing fraud, lawyers say, after the government released advice on how they should comply with landmark anti-fraud legislation.
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November 07, 2024
Rainforest Investment Bosses Appeal £37M Fraud Convictions
Two directors of an ethical-investment scheme imprisoned for defrauding investors out of £37 million ($48 million) sought to overturn their convictions at a London appeals court Thursday, arguing jurors were not told what the goal of the conspiracy was.
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November 07, 2024
EU Tax Nominee Says Bloc Could Go It Alone On Digital Tax
The nominee to serve as the European Union's next tax commissioner said Thursday that the EU should seek its own solution to digital taxation if it can't keep the U.S. on its side following the elections this week.
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November 07, 2024
Malaysia Wins $15B Arbitration Case Against Sulu Heirs
The French Supreme Court has tossed out a $14.9 billion arbitration award brought against Malaysia by the heirs of the long-defunct Sultanate of Sulu over a soured land deal agreement, as the court said the arbitration award is not recognized under French law.
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November 07, 2024
Eurojust Busts Fake Investment Platforms For Stealing €10M
Authorities in Germany and Cyprus have dismantled 13 fake investment platforms that have allegedly defrauded victims out of more than €10 million ($10.8 million) in a cross-border operation, the European law enforcers said on Thursday.
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November 07, 2024
Modern Slavery Reports Hit Record High Of 4,750 In Quarter
More than 4,750 potential victims of modern slavery were reported to the Home Office in the three months to September — the highest quarterly numbers since records began in 2009.
Expert Analysis
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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Takeaways From World Uyghur Congress Forced Labor Ruling
The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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What Future May Hold For AI Innovation In UK Under Labour
Labour’s recent King's Speech was notable in its absence of discussion of a comprehensive artificial intelligence bill, and while this may indicate to many that the UK is open for business, the party’s approach to cross-sectoral engagement will be critical for shaping Britain's AI landscape in the near term, says Alexander Amato-Cravero at Herbert Smith.
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Unpacking The New Concept Of 'Trading Misfeasance'
In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.
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EU WhatsApp Deletion Fine Sends Clear Message
The recent European Commission fine of International Flavors & Fragrances — the first for the deletion of social media messages during a dawn raid — although halved as a result of IFF's cooperation, shows the commission's view on obstruction poses a real risk to companies under investigation, says Matthew Hall at McGuireWoods.
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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.