Corporate Crime & Compliance UK

  • May 16, 2024

    Meta Hit With EU Probe Over Child Safety Concerns

    Meta was hit on Thursday with an investigation by the European Commission over concerns its Facebook and Instagram services could promote addictions in children.

  • May 16, 2024

    NCA Says Uyghur Cotton Probe Would Soon Unravel

    The National Crime Agency defended on Thursday its decision to refuse to investigate imported cotton produced in a Chinese province with forced labor, telling an appeals court that it would be kneecapped by the difficulty of separating legal goods from criminal property.

  • May 16, 2024

    FCA Charges Reality TV Stars Over Risky Investment Ads

    The Financial Conduct Authority said Thursday it has charged nine social media influencers and reality TV stars for promoting an unauthorized trading scheme online that dealt with high-risk financial products tied to foreign exchange rates. 

  • May 16, 2024

    Russian Wealth Fund Fails To Curb EU Sanctions

    The European Union's General Court has upheld sanctions against a Russian sovereign wealth fund, ruling it is the "archetypal" company for attracting international investors who sustain the country's war in Ukraine.

  • May 16, 2024

    Nationwide Cited For Compliance Breaches In PPI Market

    The competition watchdog said on Thursday it has written to Nationwide Building Society, telling the lender that it had breached the rules by giving clients incorrect information about insurance covering mortgage repayments.

  • May 15, 2024

    Uyghur Group Fights To Revive Bid For Chinese Cotton Probe

    Campaigners for the Uyghurs told an appellate court Wednesday that Britain was wrong to refuse to launch a broad investigation into imported cotton produced in China with forced labor rather than specific shipments, arguing that the decision could create a market for criminal property.

  • May 15, 2024

    Food Supplier's £1.1M Suit Alleges Ex-Director Inflated Price

    A food product company has alleged its former director owes it over £1.1 million ($1.4 million) for devising a scheme to artificially inflate suppliers' costs and pocketing the difference between the real price.

  • May 15, 2024

    Crypto 'Academy' Closed After Probe Into False Assurances

    A cryptocurrency firm that "recklessly" persuaded customers to put money into investment plans has been wound up after the government's insolvency agency found that the company had given false assurances and traded without regulatory approval.

  • May 15, 2024

    Watchdog Warns Bank CEOs Of Inadequate Recovery Plans

    The Prudential Regulation Authority told the chief executives of smaller U.K. banks and building societies in a letter on Wednesday that their companies should improve recovery plans, saying that they use insufficiently severe scenarios in testing.

  • May 15, 2024

    Ex-Candey Partner Did Not Think Client Funds Were Criminal

    A former Candey partner who is accused of not adequately checking the source of almost £24 million ($30 million) in client funds earmarked for a property purchase told a tribunal on Wednesday that he did not believe the money was the proceeds of crime.

  • May 15, 2024

    Fired Judge Loses Appeal Over Deleting Data During Probe

    A former judge who was removed from office for deleting data relevant to a police investigation had his bid to appeal his dismissal rejected by the High Court on Wednesday as a judge ruled that his removal from the bench was "clearly justified."

  • May 15, 2024

    FCA Charges 3 For Alleged £8M Pension Fraud

    The Financial Conduct Authority said Wednesday it has charged three consultants over an alleged fraudulent investment scheme in which victims lost £8 million ($10.1 million) of their pension savings.

  • May 15, 2024

    Lloyd's Further Tightens 'Cyberwar' Insurance Cover

    Lloyd's of London has tightened rules on members of the specialist insurance market over cover for state-backed cyberattacks.

  • May 15, 2024

    Sanctions Give Shipper Force Majeure Escape From Contract

    Britain's highest court ruled Wednesday that a shipowner should not be forced to vary the payment terms of a freight contract to overcome a potential force majeure event amid concerns about U.S. sanctions.

  • May 15, 2024

    Experts See Risks In FCA's Soft-Touch Response To AI

    The Financial Conduct Authority has so far failed to detail its rules on artificial intelligence and is moving toward a reliance on companies to self-report, putting it at risk of deferring excessively to the sector it regulates, legal experts say.

  • May 14, 2024

    Autonomy Overstated Revenue Before HP Sale, Jury Hears

    Autonomy's reported revenue was overstated by a combined $300 million in the two-and-a-half years before HP acquired it, an accounting expert testified Tuesday in a California criminal trial over claims that Autonomy founder Michael Lynch duped HP into buying his software company for an inflated $11.7 billion price.

  • May 14, 2024

    Billionaire's Pilot Cops To Tax Count, Avoids Insider Trial

    A pilot from Virginia accused of profiting from stock tips fed to him by British billionaire Joe Lewis on Tuesday copped to dodging taxes on $500,000 of income from Lewis' company, in a plea deal that avoids an insider trading trial.

  • May 14, 2024

    Communications Panel Seeks Stiffer Fines On SLAPP Suits

    The chair of a House of Lords committee on Tuesday urged the government to increase the Solicitors Regulation Authority's fining powers to crack down on litigation designed to silence reporting about wealthy and powerful individuals.

  • May 14, 2024

    SFO Boss Suggests Paying Whistleblowers From Plea Deals

    The U.K. should pay whistleblowers for providing smoking gun evidence of wrongdoing from any corporate settlement they help bring about, to compensate them for the risk of coming forward, the director of the Serious Fraud Office told lawmakers on Tuesday.

  • May 14, 2024

    Fuel Trader Did Not Hide £5M Commissions From Employer

    A former biodiesel trader accused of pocketing the equivalent of £5.2 million ($6.5 million) in secret commissions never hid the payments and worked hard to negotiate the best price for his employer, his lawyer told a jury Tuesday.

  • May 14, 2024

    UniCredit Bids To Toss $69M Plane Payment Sanctions Ruling

    UniCredit urged an appeals court on Tuesday to overturn a ruling that it was not reasonable for its London branch to believe it was prohibited from making $69.3 million in payments to three Irish lessors tied to aircraft held in Russia because of Western sanctions.

  • May 14, 2024

    EU Watchdog Sets Anti-Greenwashing Guidelines For Funds

    The European Union's markets regulator on Tuesday published its final guidelines for firms using ESG terms in fund names, requiring 80% of the fund's investments to match the claimed criteria to combat greenwashing risk.

  • May 14, 2024

    Gov't To Add Legal Powers, Staff To Stop Benefits Fraud

    The Department for Work and Pensions said Tuesday it will support new legislation to expand its powers to make arrests and conduct searches in its crackdown on benefits fraud.

  • May 14, 2024

    Taxpayers Could Face Bill For 'Shadow Fleet' Oil Spill

    British taxpayers could be on the hook for the cleanup if oil leaks from a ship operating without full insurance as a result of sanctions imposed on Russia, a senior figure at Lloyd's of London warned a panel of MPs on Tuesday.

  • May 13, 2024

    Irked Autonomy Judge Vents On HP Fraud Trial's Slow Pace

    U.S. District Judge Charles Breyer on Monday blasted lawyers for the government and two former Autonomy Corp. PLC executives in a criminal fraud case over the trial's slow progress, saying he's "annoyed," but also "complicit" because he "did not take more of a controlling posture."

Expert Analysis

  • UK Courts Continue To Struggle With Crypto-Asset Cases

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    Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.

  • Why Computer Evidence Is Not Always Reliable In Court

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    Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.

  • Comparing The UK And EU Approaches To AI Regulation

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    While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.

  • Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases

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    The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.

  • Compliance Points To Know About The EU Digital Services Act

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    Online service providers in the European Union should prioritize understanding the scope of the recently implemented Digital Services Act, their specific legal obligations under it and the practical steps they must take to comply with the new law while obeying a raft of overlapping EU digital reforms, say Leo Moore and Róisín Culligan at William Fry.

  • Independent Regulator Could Chip Away At FIFA Autonomy

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    After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.

  • A Look At The Latest EU Alternative Investment Regulation

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    Recent amendments to the EU Alternative Investment Fund Managers Directive governing a range of alternative investment funds reflect a growing regulatory focus on nonbanking financial institutions, which expand credit to support economic growth but carry a commensurate risk, say Juliette Mills and Alix Prentice at Cadwalader.

  • Unpacking The Law Commission's Digital Assets Consultation

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    The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.

  • Unpacking The FCA's Approach To AML Compliance Failures

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    In light of the upward trend of skilled-person reviews by the Financial Conduct Authority, including the latest investigation into Lloyds' anti-money laundering controls, financial firms should familiarize themselves with the mechanisms of FCA supervision and enforcement investigations, says Kathryn Westmore at RUSI.

  • New Russia Sanctions Reveal Int'l Enforcement Capabilities

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    Significant new U.K., U.S. and EU sanctions imposed on Russia notably target Europe-based individuals and entities accused of sanctions evasion, and with an apparent political will to enhance capabilities, the rhetoric is translating into international enforcement activity, say lawyers at Cadwalader.

  • Legal Sector Will Benefit From New Data Security Standard

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    The U.K. Information Commissioner's Office-approved new privacy certification scheme for the legal profession will inevitably become the default for law firms, chambers and vendors to prove their U.K. General Data Protection Regulation compliance, says Orlagh Kelly at Briefed.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EU Inquiry Offers First Insight Into Foreign Subsidy Law

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    The European Commission's first in-depth investigation under the Foreign Subsidies Regulation into a public procurement process, and subsequent brief on regulatory trends, sheds light on the commission's approach to such cases, as well as jurisdictional, procedural and substantive issues under the regulation, says Matthew Hall at McGuireWoods.

  • Opinion

    PACCAR Should Be 1st Step To Regulating Litigation Funders

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    Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.

  • EEA Equivalence Statement Is Welcomed By Fund Managers

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    The recent statement confirming European Economic Area equivalence to undertakings for collective investment in transferable securities for U.K. overseas funds regime purposes removes many managers’ concerns in the wake of Brexit, giving a clear pathway out of temporary marketing permissions and easing the transition from one regime to another, says Catherine Weeks at Simmons & Simmons.

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