On 23 October 2020, the SFO published a chapter from its Operational Handbook, including an expanded section on corporate co-operation, so as to give “comprehensive guidance” on the organisation’s approach to the use of...more
In R v Barton & Booth, a five member Court of Criminal Appeal: 1) emphatically endorsed the Ivey test for dishonesty, firmly dismissing the previous two-stage test in Ghosh; 2) affirmed that, in relation to conspiracy to...more
Under the Senior Managers and Certification Regime (“SMCR”), firms are required to identify and report to the FCA any instances of disciplinary action taken in relation to conduct that would amount to a breach of one of the...more
2/10/2020
/ Artificial Intelligence ,
Banking Sector ,
Blockchain ,
Bribery ,
Cartels ,
Corporate Governance ,
Corporate Misconduct ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Insurance Industry ,
Payment Systems ,
Risk Management ,
SMCR ,
Technology ,
UK ,
United Arab Emirates (UAE) ,
Whistleblower Protection Policies
The Australian Law Reform Commission (the “ALRC”) has proposed a number of reforms to Australia’s federal corporate criminal liability regime. The entire document bears close examination. In this article, we focus on the...more
1/30/2020
/ ASIC ,
Australia ,
Corporate Counsel ,
Corporate Culture ,
Corporate Liability ,
Corporate Misconduct ,
Criminal Code ,
Criminal Liability ,
Discussion Draft ,
Enforcement ,
Proposed Standards ,
Serious Fraud Office (SFO) ,
UK Bribery Act ,
Vicarious Liability ,
White Collar Crimes
The much heralded Corporate Co-operation Guidance published by the Serious Fraud Office recently offers little comfort to corporates struggling with the dilemma of whether to self-report wrongdoing. Instead it offers a...more
9/19/2019
/ Cooperation ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Misconduct ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
Legal Advice Privilege ,
Serious Fraud Office (SFO) ,
UK ,
White Collar Crimes
On 4 July 2019, Southwark Crown Court approved a deferred prosecution agreement between the SFO and Serco Group PLC in relation to fraudulent reporting in contracts for “tagging” individuals under curfew conditions. This is...more
7/5/2019
/ Corporate Misconduct ,
Criminal Convictions ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Guilty Pleas ,
Internal Controls ,
Ministry of Justice ,
Public Contracts ,
Public Procurement Policies ,
Serious Fraud Office (SFO) ,
UK