Corporate Crime & Compliance UK

  • April 24, 2024

    Chicago Museum Accuses New York DA Of Art Seizure Overreach

    The Art Institute of Chicago has urged a New York criminal court to give back an Egon Schiele drawing seized by the Manhattan District Attorney's Office, saying the artwork was never looted by Nazis and prosecutors have no business litigating a civil ownership dispute.

  • April 24, 2024

    Oligarch's Family Can't Nix €1.5B Bankruptcy Bid

    The widow and a daughter of the late Russian cement oligarch Oleg Bourlakov stumbled in their global legal battle with relatives over his fortune after a London judge declined to stop €1.48 billion ($1.59 billion) bankruptcy proceedings in St. Petersburg.

  • April 24, 2024

    Post Office GC Didn't Know To Disclose Witness Misled Court

    As he gave evidence to an inquiry Wednesday, the Post Office's former general counsel said external law firm Cartwright King didn't tell him that the fact that an expert witness lied to the court when testifying against subpostmasters needed to be disclosed.

  • April 24, 2024

    Feds Nab Latest OneCoin Plea On $35M Laundering Charge

    An eighth defendant has been charged by federal prosecutors over the global OneCoin cryptocurrency scam and has pled guilty to laundering about $35 million in illicit proceeds through bank accounts he controlled in China and Hong Kong.

  • April 24, 2024

    Fund Manager Denies Losing Jailed Politician's Wife £8M

    A fund manager has denied transferring €28 million ($30 million) from the account of an imprisoned Turkish politician's wife without her permission, claiming she gave written instructions to invest the money in emerging markets.

  • April 24, 2024

    Ex-England Footballer Banned As Director For Unpaid Tax

    Former England football international John Barnes has been banned from being a company director after his business failed to pay more than £190,000 ($236,000) in tax, a U.K. government agency announced on Wednesday.

  • April 24, 2024

    Boris Becker Settles With Creditors Over Missing Trophies

    Boris Becker's creditors have agreed not to chase the multiple Grand Slam tennis champion over the missing trophies he was accused of hiding to dodge paying debts, lawyers for the Wimbledon winner and bankruptcy trustees told a London court Wednesday.

  • April 24, 2024

    Ex-Law Firm Partner Fails To Toss SRA Dishonesty Allegation

    A former equity partner in a real estate conveyancing firm failed on Wednesday to have a tribunal prevent the Solicitors Regulation Authority from accusing him of dishonesty, as it ruled that an offer by the watchdog to settle did not mean he should not have expected the allegation.

  • April 24, 2024

    EU Keeps Gibraltar, Panama, UAE On AML Blacklist

    Gibraltar, Panama and the United Arab Emirates should remain on the European Union's blacklist of high-risk countries for money laundering, the European Parliament said, stopping the EU from following the lead of a global organization promoting standards for countries to fight those crimes.

  • April 24, 2024

    SFO Admits Deleting Osofsky's Phone Amid ENRC Leaks Row

    The Serious Fraud Office acknowledged on Wednesday that it "inappropriately" erased the mobile phone of its former director, Lisa Osofsky, during litigation over alleged leaks in what mining giant ENRC told a London court was a "flagrant breach" of its disclosure obligations.

  • April 24, 2024

    EU Says 3 States Aren't Correctly Following AML Law

    The European Commission said Wednesday that three European Union countries — Ireland, France and Latvia — aren't correctly implementing the bloc's laws against money laundering, meaning that the countries now have two months to correct the shortcomings.

  • April 24, 2024

    Disclosure Review Calls For Early Talks To Speed Cases

    Early talks between prosecutors and defendants could ease the pressures of disclosure in complex economic crime cases where the large volume of online evidence creates a risk that suspects will be denied a fair trial, a government-backed review advised Wednesday.

  • April 24, 2024

    IP Firm Can't Take Bid To Block Clients' Case To Top Court

    Britain's highest court has rejected a final attempt by Marks & Clerk LLP to block thousands of former clients from bringing a bribery class action over alleged secret commission payments, ruling that the law firm did not put forward any arguable legal challenges that justified an appeal.

  • April 23, 2024

    Ex-Autonomy Tech Exec Doubted 'Bizarre' $6M Deal, Jury Told

    Autonomy's ex-chief technology officer testified Tuesday in the California federal fraud trial of former CEO Michael Lynch that he had concerns about Autonomy's "bizarre" 2010 deal to sell $6 million in repackaged hardware, which prosecutors allege was never delivered and was only used to artificially inflate Autonomy's revenues.

  • April 23, 2024

    Post Office GC Felt 'Scapegoated' Over Horizon Review

    The Post Office's former general counsel felt "scapegoated" over the conclusions of an independent report she commissioned into the IT system used to prosecute hundreds of innocent people, she told the inquiry into the scandal Tuesday.

  • April 23, 2024

    RGL Confirms Woodford Claim Against Hargreaves Lansdown

    RGL Group confirmed Tuesday it is pursuing a fresh claim against investment firm Hargreaves Lansdown over the collapse of Woodford Equity Investment Fund.

  • April 23, 2024

    UK Shuts Business For Fraudulent Timeshare Exit Claims

    The U.K. government said Tuesday that it has shut down an unregulated timeshare exit company after finding that it was "misleading hundreds of clients" by offering them help with complications in their timeshare contracts.

  • April 23, 2024

    Ex-Law Firm Partner Fights SRA's Dishonesty Accusation

    A former partner at a conveyancing firm urged a London tribunal on Tuesday to dismiss the Solicitors Regulation Authority's claim that he had acted dishonestly during a real estate transaction, arguing that the regulator abused the tribunal process.

  • April 23, 2024

    FCA To Return £530K To Investors From Deposit-Taking Scam

    The Financial Conduct Authority said Tuesday it will return £533,000 ($664,000) in recovered money to investors who were hit by a deposit scam run through two companies, including a soccer league operator.

  • April 23, 2024

    FCA Charges Man With Fraud In £2.7M Investment Scheme

    The Financial Conduct Authority said Tuesday that it had charged a British man with fraud after he hid "significant losses" from investors as part of a £2.67 million ($3.33 million) scheme trading on foreign exchange markets.

  • April 23, 2024

    Bank Of Ireland Used Deceit To Loan Millions, Investor Claims

    Bank of Ireland allegedly deceived a real estate investment business into borrowing millions from it by giving inflated property evaluations based on old estimates that were £1.2 million ($1.5 million) higher than up-to-date figures, according to a London court filing.

  • April 23, 2024

    FCA Clarifies Greenwashing Rule, Extends ESG regime

    The Financial Conduct Authority has published clarifying final guidance on its anti-greenwashing rule for all regulated firms, saying on Tuesday that it will also extend its broader sustainability regime to include portfolio managers.

  • April 23, 2024

    Top UK Court Blocks Gazprom Unit's Russian UniCredit Claim

    Britain's highest court upheld an injunction on Tuesday barring a Gazprom subsidiary from pursuing a €450 million ($480 million) claim against UniCredit Bank AG in Russia after the German lender withheld financing for the construction of gas processing plants because of sanctions.

  • April 22, 2024

    Trader Behind £1.4B Tax Fraud Thought Trades Were Valid

    A British trader accused of being the mastermind of a fraudulent trading scheme that cost Denmark's tax authority £1.4 billion ($1.7 billion) genuinely believed that the trades worked, his lawyer told a London court on Monday.

  • April 22, 2024

    Med Tech Founder Denies Deceiving Investors For $20M Sale

    The co-founder of a medical technology business has denied concealing his financial interest in a $20 million deal to purchase shares in his company, claiming he was never told it was important to reveal the seller's identity to the investment company.

Expert Analysis

  • Dissecting Recent Developments Against The Misuse Of NDAs

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    The U.K. government's recent plans to nullify nondisclosure agreements that prevent victims from reporting crimes should remind lawyers to proactively consider the necessity of such agreements, especially in light of the Solicitors Regulation Authority's warning notice on drafting improper NDAs, say Clare Davis and Macaela Joyes at RPC.

  • What UK Energy Charter Treaty Exit Would Mean For Investors

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    While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.

  • Assessing The FCA Data Study's Response To User Concerns

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    The Financial Conduct Authority’s recently published report on the supply of wholesale financial data differs from others in its exceptional breadth and analysis of an enormous volume of information, but in its reluctance to address market power or pricing directly, the regulator’s approach is still cautious, say Emma Radcliffe and Greg Dowell at Macfarlanes.

  • Uber Payout Offers Employer Lessons On Mitigating Bias

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    Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.

  • Apple Ruling Offers Morsel Of Certainty On Litigation Funding

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    An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.

  • Cum-Ex Prosecutions Storm Shows No Sign Of Abating

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    The ongoing trial of Sanjay Shah in Denmark is a clear indicator that efforts remain focused on holding to account the alleged architects and beneficiaries of cum-ex trading, and with these prosecutions making their way across Europe, it is a more turbulent time now than ever, says Niall Hearty at Rahman Ravelli.

  • Traversing The Web Of Nonjudicial Grievance Mechanisms

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    Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.

  • Opinion

    FCA Greenwashing Rules Need To Be Stronger To Be Effective

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    The Financial Conduct Authority's forthcoming anti-greenwashing measures, aimed at ensuring the veracity of regulated entities’ statements about sustainability credentials, need external scrutiny and an effective definition of "corporate social responsibility" to give them bite, says Jingchen Zhao at Nottingham Trent University.

  • Companies House False Filings Raise Issues Of Integrity

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    A recent spate of unauthorized company filings with Companies House raises specific concerns for secured lenders, but also highlights the potential for false filings to be used to facilitate fraudulent schemes, says Daniel Sullivan at Charles Russell.

  • Gov't Probe Highlights Computer-Based Evidence Issues

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    A recently launched U.K. Home Office probe, following the alleged use of faulty data in criminal cases, illuminates the need for scrutiny on the presumed reliability of evidence from computer-based systems, says Jessica Sobey at Stokoe Partnership.

  • 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.

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