The UK government is already proposing further expansion to the basis on which companies can be fixed with criminal liability.
The Economic Crime and Corporate Transparency Act 2023 (ECCTA), passed in October, significantly...more
12/6/2023
/ Corporate Crimes ,
Corporate Entities ,
Corporate Governance ,
Corporate Transparency Act ,
Criminal Liability ,
Financial Crimes ,
Fraud ,
Investigations ,
Regulatory Agenda ,
Small and Medium-Sized Enterprises (SMEs) ,
UK
The new Economic Crime and Corporate Transparency Act 2023 (the Act) is the latest step in the UK Government’s attempts to address economic crime and improve transparency over corporate entities. Whilst most of the key...more
10/30/2023
/ Corporate Counsel ,
Corporate Crimes ,
Corporate Entities ,
Corporate Fraud ,
Corporate Governance ,
Corporate Liability ,
Corporate Transparency Act ,
Enforcement Actions ,
Financial Crimes ,
Investigations ,
Regulatory Agenda ,
UK
Where a criminal offence requires proof of a specific mental state, or ‘mens rea’ (such as intent, recklessness or dishonesty), previously a company could only be found guilty if an individual who represented the company’s...more
The Economic Crime and Corporate Transparency Act 2023 was granted Royal Assent on 26 October 2023. It contains a new ‘failure to prevent fraud’ corporate criminal offence which will render large companies liable for fraud...more
10/26/2023
/ Corporate Crimes ,
Corporate Entities ,
Corporate Governance ,
Corporate Transparency Act ,
Enforcement Actions ,
Failure to Prevent ,
Financial Crimes ,
Fraud ,
Investigations ,
Popular ,
Regulatory Agenda ,
UK ,
UK Bribery Act ,
White Collar Crimes
The UK Government is expanding the scope of the Serious Fraud Office’s (SFO) power to compel individuals and companies to provide information before a formal SFO investigation is commenced. Currently the power can only be...more
A challenge to the SFO’s use of its seize and sift powers to process privileged documents failed in McKenzie, R (On the Application Of) v Director of the Serious Fraud Office [2016] EWHC 102 (Admin). The High Court permitted...more