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Corporate Crime & Compliance UK
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July 11, 2024
NCA Can Seize Money Linked To £55M Tax Scam
A 13-year money laundering investigation involving a lottery winner, a bomb hoax and a £55 million ($71 million) tax fraud neared its end at a London court on Thursday as a judge ordered funds from three defunct companies to be forfeited to the National Crime Agency.
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July 11, 2024
Social Media Influencers Deny FCA Charges Over Forex Ads
Eight reality TV stars and social media influencers pleaded not guilty to charges brought by the Financial Conduct Authority at a London court on Thursday over claims that they promoted a high-risk trading scheme dealing in financial products without authorization.
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July 11, 2024
Ex-Clifford Chance Veteran Accused Of Pocketing Client Funds
The Solicitors Regulation Authority is taking the former managing partner of Clifford Chance's Brussels office to a tribunal in London after he allegedly attempted to misappropriate approximately $1 million in client funds and then tried to shield his misconduct from the firm.
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July 11, 2024
Ex-Autonomy CFO Formally Banned After Conviction
The U.K. audit watchdog said on Thursday that it has formalized its 20-year exclusion from the accountants' professional body of the chief financial officer of software company Autonomy after he was convicted of fraud and securities offenses in the U.S.
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July 10, 2024
Deutsche Bank Settles Ex-Trader's Malicious Prosecution Suit
Deutsche Bank has settled a lawsuit brought by a former trader who claimed the bank scapegoated him when the U.S. Department of Justice began an investigation into suspected interest rate rigging, according to a Wednesday filing in New York federal court.
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July 10, 2024
CMA Bids To Reverse Nixed £100M Fine In Drug-Pricing Case
The U.K.'s competition watchdog on Wednesday sought to overturn a ruling that upended more than £100 million ($128.4 million) in fines against drug companies for allegedly reaching agreements related to hydrocortisone tablets, in a major case for U.K. competition law.
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July 10, 2024
HMRC, CPS Beat Financier's Claim Over Botched Prosecution
HM Revenue and Customs and the Crown Prosecution Service have beaten claims of malicious prosecution and misfeasance in public office by a corporate financier following a failed criminal fraud case, with a judge finding that they had enough evidence to pursue him.
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July 10, 2024
UK Prosecutors Secure 1st Monero Crypto Payout
A drug dealer has paid back £15,000 ($19,200) of his illegal profits by surrendering his Monero cryptocurrency to a U.K. government agency, the first time the coin has been sold off in a Crown Prosecution Service case.
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July 10, 2024
Citi Rebuked Over Botched Misconduct Probe Into Trader
A decision by Citigroup to fire a trader amid allegations that he had given misleading updates on deals was unfair because its probe was plagued by delays and led to an unreasonable finding of gross misconduct, a tribunal has ruled.
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July 10, 2024
Finance Co. Can't Escape Liability In £1.7M Failed Investments
A finance company has failed to duck liability for botched property investments worth approximately £1.7 million ($2.2 million) as a London appeals court found the firm had accepted responsibility for another business to arrange the deals.
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July 09, 2024
UK's Non-Dom Taxpayer Count Increased 7%
A growing number of taxpayers in the United Kingdom claimed last year that their permanent home is outside the country, qualifying them for a non-domiciled tax exemption in the crosshairs of lawmakers, HM Revenue & Customs said Tuesday.
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July 09, 2024
Global Standard Setter Guides Firms On Third-Party Risk
A global banking standard setter on Tuesday proposed new principles to guide banks and regulators on how to manage and supervise risks from services increasingly outsourced to external organizations due to technology growth.
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July 09, 2024
Lawyer Accused Of Making False Mishcon Claims On Iran TV
The solicitors' watchdog told a disciplinary tribunal on Tuesday that a high-profile criminal defense lawyer recklessly made false statements about Mishcon de Reya LLP while appearing on an antisemitic show on an Iranian state-owned media channel.
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July 09, 2024
MHA MacIntyre Hudson, 2 Ex-Staff Fined For Audit Failures
Britain's accounting watchdog on Tuesday said it had fined MHA MacIntyre Hudson LLP and two of its former employees for "numerous breaches" in the audits of a subsidiary of commodities business Monaco Resources Group.
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July 09, 2024
Malaysian Investor Fights To Block €36M Claim At Top Court
A Malaysian businessman urged the U.K.'s top court on Tuesday to rule that a creditor should be blocked from bringing a €36 million ($39 million) claim against him because it already won a declaration in an earlier action pursuing the debts.
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July 09, 2024
FCA To Require Criminal Record Checks On New Firm Owners
The Financial Conduct Authority has proposed to require owners and controllers of financial firms applying for authorization to obtain criminal background checks.
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July 09, 2024
Sports Broadcaster Sued For Fraud In Failed Streaming Deal
Liquidators of a licensing company have sued a broadcasting chief after their autosport streaming deal turned sour, telling a court he lied about his ability to sell streaming subscriptions in U.S. prisons to entice the company to hand over the licensing rights.
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July 09, 2024
Thomas Cook Creditors To Get Back £280M After Asset Sale
Creditors of Thomas Cook will receive a total of £280 million ($358 million) before the end of September after the senior civil servant overseeing the liquidation sold all available assets owned by the collapsed travel giant, according to the Insolvency Service.
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July 08, 2024
FX Fund Says Investments Wiped Out By Legit Trading Losses
An investment fund that lost a client's money trading on the foreign exchange market has denied running a scam, claiming it owes the investor nothing because the losses were part of normal day-to-day trading.
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July 08, 2024
Trader Denies Knowingly Making False Cum-Ex Trades
A British trader who has been convicted of defrauding Denmark in a sham tax reclaim scheme on Monday testified before a London court that he did not knowingly make false trades in order to make fraudulent tax refund applications, in a landmark £1.4 billion ($1.8 billion) trial.
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July 08, 2024
Audit Watchdog Creates New Monitoring, Digital Functions
Britain's accounting watchdog said Monday it will create two new market functions to support enforcement and supervision as well as digital reporting, driving U.K. growth as part of its response to earlier government-led criticisms.
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July 08, 2024
SRA Fines London Firm Over Anti-Money Laundering Failings
The English solicitors' regulator has hit a London law firm with a fine after investigators discovered a series of failures to comply with anti-money laundering regulations.
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July 08, 2024
Hermer Poised To Return Independence To AG Role
The appointment of Richard Hermer KC as attorney general in the new Labour government will restore independence to a position that had become increasingly politicized over recent years, top British lawyers say.
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July 05, 2024
Truckmakers Can Use Pass-On Defense In Price-Fixing Case
European truck manufacturers can argue that local U.K. authorities suing them over a price-fixing cartel passed the inflated costs allegedly paid for vehicles on to residents through tax and service charges, a tribunal ruled Thursday.
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July 05, 2024
Legal Teams' Costs Slashed By £253M In UK Dieselgate Case
Legal teams involved in unprecedented U.K "Dieselgate" vehicle emissions tests litigation had more than £250 million ($320 million) of their budgets slashed on Friday after a High Court judge ruled that the estimated costs were "out of all proportion".
Expert Analysis
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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.
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A Closer Look At Novel Jury Instruction In Forex Rigging Case
After the recent commodities fraud conviction of a U.K.-based hedge fund executive in U.S. v. Phillips, post-trial briefing has focused on whether the New York federal court’s jury instruction incorrectly defined the requisite level of intent, which should inform defense counsel in future open market manipulation cases, say attorneys at Lankler Siffert.
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Investors' Call For Voting Changes Faces Practical Challenges
A recent investor coalition call on fund managers to offer pass-through voting on pooled funds highlights a renewed concern for clients’ interests, but legal, regulatory and technological issues need to be overcome to ensure that risks related to the product are effectively mitigated, says Angeli Arora at Allectus.
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Litigation Funding Implications Amid Post-PACCAR Disputes
An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.
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EU Product Liability Reforms Represent A Major Shakeup
The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.
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Amazon's €32M Data Protection Fine Acts As Employer Caveat
The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.