ARTICLE
15 February 2022

With An Economic Crime Bill Set To Become A Reality, Niall Hearty Of Financial Crime Specialists Rahman Ravelli Considers Some Of The Main Issues It Could Address

RR
Rahman Ravelli Solicitors

Contributor

Rahman Ravelli is known for its sophisticated, bespoke and robust representation of corporates, senior business executives and professionals in national and international matters.
It is one of the fastest-growing and most highly-regarded, market-leading legal practices in its field. This is due to its achievements in criminal and regulatory investigations and large-scale commercial disputes involving corporate wrongdoing and multi-jurisdictional enforcement, and its asset recovery, internal investigations and compliance expertise.
The firm’s global reach, experienced litigators and network of trusted partner firms ensure it can address legal matters for clients anywhere in the world. It combines astute business intelligence and shrewd legal expertise with proactive, creative strategies to secure the best possible outcome for all its clients.
Rahman Ravelli’s achievements in certain cases have even helped shape the law. It is regularly engaged by other law firms to provide independent advice.

Just a week after refusing to confirm or deny any such plans, the UK government has stated it will introduce an economic crime bill in the coming year.
United Kingdom Criminal Law

Just a week after refusing to confirm or deny any such plans, the UK government has stated it will introduce an economic crime bill in the coming year.

The announcement comes after the resignation of former government minister Lord Theodore Agnew, who was highly critical of what he called the government's "lamentable'' attempts to tackle financial crime.

The new legislation is expected to include stronger anti-money laundering rules and revised regulations regarding the formation of UK-based companies.

There is little doubt that there has been a demand for such legislation. Politicians from all political parties have said they believe that major change is needed to prevent the UK attracting even more "dirty money'' from around the world. There have been calls for much greater transparency regarding beneficial ownership of companies, as well as for a revision of the UK's whistleblower protections and a new approach to corporate criminal liability.

The issue of corporate liability has prompted widespread discussion in recent years. Those calling for a fresh look at it have included Serious Fraud Office Director Lisa Osofsky. Many have said the current need to prove that those carrying out the wrongdoing were the "directing mind and will" of the company makes it overly difficult to successfully prosecute corporates. This, it has been argued, favours larger companies whose complex structures can make it difficult to determine who is the directing mind and will.

Twelve years ago, the Law Commission said there was no need for reform in this area. It has since revised that opinion and, in the coming months, is due to present the government with an assessment of different options for reform of the law around corporate criminal liability.

But while reform may appear to be inevitable when it comes to economic crime, there is the possibility that any such change could prompt further debate and disagreement.

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More