The Serious Fraud Office ("SFO") is in a robust, and collaborative, mood. Three months after jointly announcing the formation of a new International Anti-Corruption Prosecutorial Taskforce (the "Taskforce"), the UK's premier...more
More than a decade ago, the concept of the Deferred Prosecution Agreement (DPA) became part of UK law. Ever since, there has been considerable uncertainty as to exactly what conditions a company needs to meet in order to be...more
A new anti-bribery and corruption alliance among enforcement authorities in the UK, France and Switzerland sends a clear message to corporates that any pause in enforcement of the US FCPA does not mean that acts of bribery by...more
The UK Supreme Court has handed down its decision in El-Khouri (Appellant) v Government of the United States of America (Respondent).
Amongst other things, the judgement has overturned the often-criticised Court of Appeal...more
The UK's capital markets are a vital economic driver, and also a significant source of money laundering risk. This is a difficult area of risk for regulators and law enforcement to understand and tackle, but progress is being...more
1/29/2025
/ Anti-Money Laundering ,
Artificial Intelligence ,
Capital Markets ,
Compliance ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Financial Services Industry ,
Money Laundering ,
Risk Management ,
Suspicious Activity Reports (SARs) ,
Technology Sector ,
UK
Previously, where a country needed assistance from law enforcement in another jurisdiction to investigate and prosecute criminal offences, it would have to go through the notoriously slow and often fruitless process of...more
As Coco Chanel once said: "Fashion changes, but style endures." And "endurance" has been a key word for the global luxury goods sector in recent years; it has seen exceptional growth in defiance of high interest rates,...more
On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more
12/4/2023
/ Acquisitions ,
Anti-Money Laundering ,
Antitrust Division ,
Compliance ,
Cooperation ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement ,
EU ,
France ,
Germany ,
Mergers ,
Money Laundering ,
Poland ,
Policies and Procedures ,
Policy Statement ,
Popular ,
Remediation ,
Restitution ,
Safe Harbors ,
Spain ,
Voluntary Disclosure
The long-awaited Economic Crime and Corporate Transparency Act received Royal Assent on 26 October. This represents a significant turning point for the law on corporate criminal liability in the UK, and has been welcomed by...more
11/10/2023
/ Corporate Counsel ,
Corporate Crimes ,
Corporate Entities ,
Corporate Governance ,
Corporate Transparency Act ,
Criminal Liability ,
Failure to Prevent ,
Financial Crimes ,
Fraud ,
Investigations ,
Regulatory Agenda ,
UK ,
UK Bribery Act ,
White Collar Crimes
After several years of discussion and consultation, the UK Government now appears to be close to reforming the law on corporate criminal liability via the Economic Crime and Corporate Transparency Bill. These changes, if...more
The European Commission has published a proposed Directive which, building on measures already in place, would require member states to incorporate uniform anti-bribery measures into their laws. Whilst most EU member states...more
5/18/2023
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Corporate Counsel ,
Corporate Governance ,
Corporate Liability ,
Corruption ,
EU ,
EU Directive ,
European Commission ,
Foreign Corrupt Practices Act (FCPA) ,
Member State ,
UK ,
UK Bribery Act
The UK's second economic crime plan builds on the previous plan (2019-2022) and addresses issues that have risen to the fore i.e. the dramatic increase in fraud, the new sanctions landscape, reform of corporate criminal...more
On 10 June, the Law Commission published its long awaited Options Paper, with proposals on reforming corporate criminal liability in England and Wales, following the launch of its discussion paper in June 2021...more
Financial crime flourishes in a downturn, and the mining & metals sector is not immune to it. The sector faces a number of industry-specific risks, and will need to react to the ensuing likely surge in enforcement activity....more
9/27/2022
/ Bribery ,
Capital Markets ,
Corporate Counsel ,
Corporate Crimes ,
Disclosure ,
Enforcement Actions ,
Financial Crimes ,
Fraud ,
Metals ,
Mining ,
Risk Factors
Earlier this summer, the Law Commission published its long awaited proposals on reforming corporate criminal liability in England and Wales (the "Options Paper"), following the launch of its discussion paper in June 2021....more
Earlier this summer, the Law Commission published its long awaited proposals on reforming corporate criminal liability in England and Wales (the "Options Paper"), following the launch of its discussion paper in June 2021....more
On 10 June, the Law Commission published its long awaited proposals on reforming corporate criminal liability in England and Wales (the "Options Paper"), following the launch of its discussion paper in June 2021. Whilst the...more
There is no doubt 2022 has signalled a renewed focus on beneficial ownership transparency. White & Case partners Jonah Anderson and Anneka Randhawa, and associate Laura Higgins have collaborated with Hannah Lilley and Michael...more
4/5/2022
/ AML/CFT ,
Anti-Money Laundering ,
Beneficial Owner ,
Corporate Transparency Act ,
Disclosure ,
Economic Sanctions ,
EU ,
FATF ,
Financial Crimes ,
Financial Institutions ,
FinCEN ,
UK
On 1 March 2022, the UK Government introduced into Parliament the Economic Crime (Transparency and Enforcement) Bill (the "Bill"). The draft legislation contains a number of measures designed to increase transparency and give...more
Key considerations around bribery and corruption risks, as the mining & metals sector is gaining critical momentum in the world's energy transition toward a low-carbon future.
Mining & metals in a low-carbon world -
The...more
9/21/2021
/ Acquisitions ,
Bribery ,
Carbon Capture and Sequestration ,
Consumers ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Corruption ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Services Industry ,
Green Energy ,
Investors ,
Lenders ,
Metals ,
Minerals ,
Mining ,
Risk Factors ,
Shareholders ,
Sustainability ,
Third-Party ,
UK ,
World Bank
On 1 July 2021, it will have been ten years since the Bribery Act came into force. The Act is widely considered to have been a pioneering piece of legislation. In addition to having raised the standard for anti-bribery and...more
On 26 April 2021, the UK government brought into force a new sanctions regime, designed to target individuals involved in serious corruption and prevent them from entering the UK or using the UK financial system. To date, 22...more
A year since the introduction of the Coronavirus Job Retention Scheme, or the 'furlough scheme' as it is more commonly known, the extent of fraud associated with the government assistance programme has started to become...more
Much has been made of the Supreme Court's decision earlier this month in KBR, Inc. v Director of the Serious Fraud Office, in which it confirmed the limits on UK authorities' reach overseas in anti-corruption investigations....more
2/24/2021
/ Criminal Investigations ,
Criminal Justice Act ,
Extraterritoriality Rules ,
Financial Crimes ,
Foreign Corporations ,
Foreign Jurisdictions ,
KBR (formerly Kellogg Brown & Root) ,
Multinationals ,
Serious Fraud Office (SFO) ,
UK ,
UK Supreme Court
The UK furlough scheme, rolled out in haste earlier this year, has been a lifesaver for many businesses and households that have used the scheme to stay afloat. The furlough scheme has so far cost the UK in excess of £35...more