Welcome to the first edition of Corporate Crime Matters for
The year ahead is already looking like it will prove to be both
interesting and challenging for those detecting, preventing and
responding to corporate crime. We expect the most significant
challenges will stem from the growing appetite for a shift of the
UK corporate liability model from one of identification to one of
"failure to prevent", increasing the pressure on
companies to ensure that their systems and controls are up to
scratch. With the Criminal Finances Bill working its way onto the
statute books, even more change seems to be afoot, as the
Government has just issued a call for evidence on a proposed new
corporate offence of failure to prevent economic crime.
Having started the year on a high, with Rolls Royce's
Deferred Prosecution Agreement ('DPA') agreed and
authorised, and the decision last month on privileged material in
internal investigations, we anticipate that the regulators will be
continuing their efforts with gusto, chomping at the bit waiting to
exercise their new statutory powers including Unexplained Wealth
Orders, and extended powers of civil recovery. The SFO continues to
assure the public that there are more DPAs in the pipeline.
Whatever your perspective, this year promises to be an interesting
one from a corporate crime perspective.
For our insights on these developments and more, please see the
articles below. If you would like to discuss how your organisation
may be affected, please get in touch with one of the team.
David McCluskey and Laura Manson consider the recent Court of
Appeal decision dismissing the appeal of a UK property freezing
order following a Canadian order dismissing criminal and forfeiture
proceedings in Canada.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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On 23 March 2017, the Organisation for Economic Co-operation and Development ("OECD") published the results of its Phase 4 review of the UK's implementation of the OECD Anti-Bribery Convention (the "Convention").
It was back in 1998 that Jack Straw, the then Home Secretary, asked the Law Commission to examine the law on fraud and whether a general offence of fraud would be an improvement to the body of criminal law.
The Fraud Act 2006, which represents the most radical change in the law of criminal fraud since the Theft Act 1968, came into force on January 15, 2007. We are now over a year into the new law, which seems a reasonable juncture to pose the question: has it had any impact?
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