News & Analysis as of

Criminal Prosecution Corporate Liability

K&L Gates LLP

UK CPS and SFO Issue Updated Corporate Prosecution Guidance: What Corporates Need to Know

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The Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO) have jointly updated their Corporate Prosecutions Guidance (the Guidance), providing clarification on their expectations for organisations in relation to...more

Ice Miller

A New Era of Trade Enforcement: DOJ Expands Criminal and Civil Focus on Tariff Fraud

Ice Miller on

The shifting tariff landscape in 2025 has incentivized businesses to reexamine their import practices and identify any available options to reduce their tariff exposure and liability....more

WilmerHale

UK Failure to Prevent Fraud Offence to Come into Force - Is Your Organisation Prepared?

WilmerHale on

The new strict liability corporate criminal offence of Failure to Prevent Fraud (FTPF) comes into effect in England and Wales on 1 September 2025. ...more

DLA Piper

Corporate Criminal Responsibility Set for Reform in the UK: The Crime and Policing Bill

DLA Piper on

Corporate criminal responsibility in the UK is poised for further reform as the Crime and Policing Bill 2025 (CPB) advances through Parliament. Currently through the House of Commons, and now in the House of Lords, the...more

WilmerHale

Implications of EO 14157 and Recent “Foreign Terrorist Organization” and “Specially Designated Global Terrorist” Designations

WilmerHale on

On January 20, 2025, President Donald J. Trump signed Executive Order 14157, “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists” (EO 14157)....more

A&O Shearman

The Crime and Policing Bill 2025: further reforms to be made to the identification principle

A&O Shearman on

The Crime and Policing Bill 2025, published by the UK Government on February 25, 2025, proposes extending the new ‘senior manager’ test of corporate criminal attribution to all criminal offences, not just economic crime...more

Latham & Watkins LLP

Top Tips for Global Companies Preparing for the UK’s New “Failure to Prevent Fraud” Offence

Latham & Watkins LLP on

Companies in the US and around the world should consider their potential for UK exposure and assess their compliance programmes in light of that risk. On 1 September 2025, the UK will implement a new corporate criminal...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Aims for Harmonized Sanctions Enforcement With Defined Criminal Offences and Penalties

European Union member states have until 20 May 2025 to transpose into their national legislation EU Directive (EU) 2024/1226 (the Directive), which establishes minimum rules on the definition of criminal offences and...more

K&L Gates LLP

Why Corporates Are Now More Likely to Face Criminal Prosecution for the Actions of Their Employees

K&L Gates LLP on

Significant Expansion to Corporate Criminal Liability Becomes Law in the United Kingdom - On 26 October 2023, the Economic Crime and Corporate Transparency Act (the Act) became law. Under the Act, corporations will become...more

WilmerHale

Further Significant Reform of UK Corporate Criminal Liability

WilmerHale on

On June 15, 2023, the UK Government announced that it would seek to introduce the biggest reform of corporate criminal liability in England and Wales for more than 50 years. ...more

Hogan Lovells

Second UK Economic Crime Bill

Hogan Lovells on

When the UK government pushed the Economic Crime (Transparency and Enforcement) Act through Parliament at breakneck speed earlier this year, it always made clear that it had plans for a second, complimentary piece of...more

White & Case LLP

One Step Closer To The Future (Part III) – Corporate Criminal Liability For Failure To Prevent Non-Economic Crimes

White & Case LLP on

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

A&O Shearman

U.S. Attorney General Announces Task Force To Target Russian Sanctions And Additional Resources For White Collar Enforcement

A&O Shearman on

U.S. Attorney General Merrick Garland made two announcements this week related to the enforcement of white-collar crime by both individuals and corporations. First, on March 2, 2022, Attorney General Garland announced the...more

American Conference Institute (ACI)

[Event] 10th Edition of Fraud, Asset Tracing & Recovery - January 24th - 25th, Miami, FL

ACI’s and C5’s 10th Edition of Fraud, Asset Tracing & Recovery Miami conference is returning on January 24 – 25, 2022 in person! Deemed as the foremost, can’t-miss event for the Fraud community, it gathers the pre-eminent...more

BCLP

Sarclad Bribery Acquittals: Self-reports to SFO and agreeing a DPA

BCLP on

On 16 July 2019, three individuals were acquitted of conspiracy to corrupt and conspiracy to bribe. On the basis of the same evidence, their employer, Sarclad Limited, had previously admitted corporate criminal liability and...more

Pillsbury Winthrop Shaw Pittman LLP

Prosecuting Corporations that Benefit Financially from Human Trafficking

As forced labor and sex trafficking prosecutions steadily increase, corporations may be exposed to criminal and civil corporate liability. The U.S. Department of Justice and state law enforcement are expected to...more

Bradley Arant Boult Cummings LLP

DOJ Evaluation of Corporate Compliance Programs - Government Enforcement Update

On April 30, 2019, the Department of Justice (DOJ), Criminal Division released a new guidance document intended to assist prosecutors in evaluating corporat­­­e compliance programs and guide corporations in creating them. The...more

Jackson Walker

Opioids, Healthcare Enforcement, and Increased Scrutiny of Corporate Conduct for Criminal Prosecution

Jackson Walker on

The national opioid epidemic is almost unprecedented in every conceivable way—its catastrophic death toll, its broad effect on a wide swath of this country’s population, its rapid escalation (which is alleged to have been...more

WilmerHale

UK “Outsourcing Corporate Financial Crime Enforcement to the US”, Claims Corruption Watch

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Corruption Watch UK has claimed that “a company committing economic crime in the US is far more likely to be hit with criminal, civil and regulatory penalties than one in the UK.” In a hard-hitting report published on 5 March...more

Hogan Lovells

Can environmental damage be prosecuted as a crime under international law?

Hogan Lovells on

At last week’s IBA War and Justice Conference, ICC judge Howard Morrison said that international criminal law must develop to accommodate the changing nature of atrocities and the changing nature of conflict.  ...more

BCLP

Corporate Criminal Liability – Perspectives from the US, UK and France

BCLP on

Shakespeare’s observation that the “past is prologue” certainly applies to corporate criminal liability in the UK and France, as these jurisdictions embrace with gusto corporate prosecutions akin to those pursued in the US...more

Akin Gump Strauss Hauer & Feld LLP

UK Jury Verdict Clarifies “Adequate Procedures” Under UK Bribery Act

In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more

Jones Day

Peru and Argentina: New Bribe Regimes Put Companies at Risk

Jones Day on

In reaction to fallout from the recent Odebrecht scandal, and aided by shifting political winds, Peru and Argentina have enacted significant corporate anticorruption legislation. Both countries have implemented laws...more

Bennett Jones LLP

Business and Human Rights in Foreign Operations: The Stakes Just Got Bigger

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Canadian courts took another step in further opening the country’s courts to civil claims by foreign victims of alleged human rights abuses against Canadian corporations for acts committed abroad. In a January 26, 2017,...more

Skadden, Arps, Slate, Meagher & Flom LLP

"A Trump-Appointed AG May Not Translate to Less Aggressive Enforcement"

Forecasting the enforcement priorities of the Department of Justice (DOJ) under the Trump administration is difficult at best. Previous statements from both President Donald Trump and his nominee for attorney general, U.S....more

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