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Banks United Kingdom Financial Crimes

Hogan Lovells

UK: “Duty of retrieval” rejected: why banks do not owe a duty to recover funds lost through APP fraud

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Banking fraud of all types is an ever increasing problem in today’s society, and takes a multitude of forms. On a basic level, frauds can be divided into two types. Unauthorised fraud, where the victim does not provide...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Rules To Tackle Authorised Push Payment Fraud

Authorised push payment (APP) fraud in the UK is the largest type of payment fraud, both in number of scams and value of losses. It involves a fraudster convincing someone to send a payment to a bank account that the...more

A&O Shearman

Our top ten enforcement takeaways from the FCA Business Plan 2024/25

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The UK Financial Conduct Authority (FCA) has published its business plan for 2024/25. Reducing and preventing financial crime, championing consumer needs and strengthening the UK’s position in global wholesale markets all...more

A&O Shearman

Key Regulatory Topics: Weekly Update 8 - 14 Mar 2024

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There were some key publications this week in relation to financial crime, including a Commission request for the EBA to advise on standards and guidelines under the future AML/CFT framework in Europe and, in the UK, an HMT...more

A&O Shearman

Key Regulatory Topics: Weekly Update 24 February - 2 March 2023

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The UK’s Financial Services Regulatory Initiatives Forum published this week the delayed sixth edition of its regulatory initiatives grid. HMT published a call for evidence on aligning the ring fencing and resolution regimes...more

A&O Shearman

MLROs in the spotlight – what does the FCA expect?

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The role of the Money Laundering Reporting Officer (MLRO) within authorised firms has been the subject of ever-growing scrutiny from the UK Financial Conduct Authority (FCA). In January 2022, the FCA issued written guidance...more

BCLP

Banking Bites - August 2022

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Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market....more

A&O Shearman

English High Court provides important clarification of Banks’ ‘Quincecare Duty’

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The so-called ‘Quincecare duty’ has received heightened attention in the English courts in recent years. The duty requires a bank not to execute a customer’s payment instructions where, and for so long as, the bank has...more

A&O Shearman

UK Treasury Committee Makes Recommendation for Future Regulatory Framework Review

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The House of Commons Treasury Committee has published a report on the Future of Financial Services Regulation setting out its view on the priorities for regulatory change in the U.K. now that the U.K. has left the EU. The...more

A&O Shearman

UK Financial Conduct Authority Acts to Improve Financial Crime Issues at Challenger Banks

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The U.K. Financial Conduct Authority has published the findings of its multi-firm review into financial crime controls at challenger banks. The FCA undertook the review in 2021 in response to the 2020 National Risk Assessment...more

White & Case LLP

Court of Appeal: Banks’ Quincecare duty may apply to instructions from defrauded customers

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In Philipp v Barclays Bank UK PLC, the Court of Appeal held that the Quincecare duty may apply to direct customer instructions (not just those through an agent), such that banks may be liable for failing to protect against...more

White & Case LLP

Winning the AML Intelligence War with Public Private Partnerships

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Key considerations for banks engaging with governments and peer institutions to improve financial crime compliance systems - Every year, banks spend billions of dollars on core financial crime compliance systems and are...more

Latham & Watkins LLP

Private Bank Briefing - September 2021

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The latest edition of our Private Bank Briefing provides a roundup of legal and compliance issues impacting private banks and their clients from Q3 2021. In this edition, we include a summary of the latest sustainable...more

A&O Shearman

Disclosure of Suspicious Activity Reports (SARs) in civil litigation

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The UK Government issued new guidance in July 2021 on how it considers companies and individuals should approach the question of disclosure of suspicious activity reports (SARs) in English civil litigation. The guidance...more

A&O Shearman

Bank terminates customer relationship without notice for “exceptional circumstances” on suspicion of financial crime and money...

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The High Court has held that a bank’s right to terminate a customer relationship without notice in “exceptional circumstances” covers a situation in which an authorised payment institution’s accounts have been determined by...more

White & Case LLP

SAR Reform: The Case of Causey and its Effect

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The UK Government kicked off the New Year with a reminder that tackling economic crime remains top of its agenda. The Home Secretary and Chancellor announced last week that they will chair the new "Economic Crime Strategic...more

A&O Shearman

Allen & Overy's weekly update on Key Regulatory Topics - 8 June 2018 – 14 June 2018

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BREXIT - Please see the Payment Systems and Payment Services section for an update on the HoC’s European Scrutiny Committee thirtieth report of the 2017-19 parliamentary session....more

A&O Shearman

Allen & Overy's weekly update on Key Regulatory Topics - 23 March 2018 - 28 March 2018

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BREXIT - Please see the Prudential Regulation section for updates on: (i) the record of the FPC meeting held on 12 March; and (ii) HMT’s recently published letter on the EC’s proposed package of reforms in relation to BRRD...more

A&O Shearman

Using artificial intelligence to fight financial crime – a legal risk perspective

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The Head of the Financial Crime Department at the UK Financial Conduct Authority (the FCA), Rob Gruppetta, gave a speech on "Using artificial intelligence to keep criminal funds out of the financial system" in December 2017....more

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