News & Analysis as of

UK Criminal Finances Act 2017

Dechert LLP

Eurostars Align to Tackle Corruption

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Formation of new anti-corruption alliance in Europe and what it means for international enforcement - On 20 March 2025, the UK Serious Fraud Office (SFO), French Parquet National Financier (PNF) and the Office of the...more

King & Spalding

The ‘Failure to Prevent Fraud’ Offence: A Phased Approach to Implementing Effective Fraud Prevention Procedures

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The Economic Crime and Corporate Transparency Act 2023 (the “ECCTA”) introduced a corporate ‘failure to prevent fraud’ offence providing that ‘large’ organisations may be held criminally liable if an ‘associate’ (such as an...more

Latham & Watkins LLP

UK Government Publishes Guidance on “Failure to Prevent Fraud” Offence

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Guidance clarifies the implementation date, scope, and application of landmark new corporate offence, and provides suggestions for fraud-prevention procedures. On 6 November 2024, the UK Home Office published...more

StoneTurn

Can Understanding Insider Risk Help to Prevent Fraud?

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The UK government is moving towards introducing a new corporate criminal offence: Failure to Prevent Fraud and Money Laundering. The draft offence, contained in the Economic Crime and Corporate Transparency Bill, would hold...more

A&O Shearman

Extended pre-investigative powers for the UK Serious Fraud Office coming soon

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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

White & Case LLP

The Upcoming Expansion of Corporate Criminal Liability in the UK

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After several years of discussion and consultation, the UK Government now appears to be close to reforming the law on corporate criminal liability via the Economic Crime and Corporate Transparency Bill. These changes, if...more

Morrison & Foerster LLP

UK Government Details Proposed “Failure to Prevent Fraud” Offence

The UK government has tabled an amendment to the Economic Crime and Corporate Transparency Bill so as to introduce a “failure to prevent” fraud offence. Details in the amended bill provide the greatest clarity to date of the...more

WilmerHale

UWOs three years on: Underused and overpriced

WilmerHale on

In January 2018 the Criminal Finances Act 2017 (“the Act”) came into force. The Act brought in a number of important legal developments, including Asset Freezing and Forfeiture Orders (“AFFOs”) and the offence of failure to...more

McDermott Will & Emery

Unexplained Wealth Orders: Ground-Breaking Investigation Recovers Millions of Pounds Worth of Criminally Obtained Property

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In a landmark case last month, a businessman linked to notorious criminals surrendered £10 million in property, land, cash and other assets at the conclusion of an unexplained wealth order (UWO). This was the first successful...more

McDermott Will & Emery

Offshore Roundup

McDermott Will & Emery on

Two Birds, One Stone: Addressing COO and DAC6 Risks in Tandem - UK Criminal Finances Act 2017 (CFA) and the EU Directive on Administrative Cooperation (DAC6) compliance matters are likely to come under increased scrutiny...more

Ballard Spahr LLP

U.K. Court Strikes Down “Unexplained Wealth Orders” By Parsing Facts and Making Value Judgments About Meaning of Corporate...

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A Court Ruling that May Resonate Across the Globe - The High Court in London recently struck down three “Unexplained Wealth Orders” that U.K. law enforcement had hoped would foil an alleged money laundering scheme by...more

McDermott Will & Emery

How CCO Reasonable Prevention Procedures Can Help You Mitigate DAC6 Penalties

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Corporate criminal offences (CCOs) under Part 3 Criminal Finances Act 2017 (CFA) are increasingly coming under the spotlight of the UK tax authorities. In a 10 February 2020 press release published in response to a Freedom of...more

WilmerHale

I’m Dreaming of a White (Collar) Christmas: 2019 in Review

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The year 2019 has been something of a mixed bag for the UK’s criminal and regulatory authorities. While the Serious Fraud Office (“SFO”) and Financial Conduct Authority (“FCA”) appear to have taken involuntary sabbaticals...more

BCLP

Bribery Act review: economic crime and failure to prevent offences

BCLP on

The government published in May 2019 its responses to two Committee reports on financial crime. First,  the House of Commons Treasury Committee on 8 March 2019, published its report on “Economic Crime – Anti-money laundering...more

White & Case LLP

Deferred Prosecution Agreements 5 Years On – the Americanisation of UK Corporate Crime Enforcement

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Five years ago, in the spring of 2014, Deferred Prosecution Agreements ('DPAs') were first introduced in the UK through the Crime and Courts Act 2013 ('CCA').1 Since then, the Serious Fraud Office ('SFO') has concluded four...more

WilmerHale

UK “Outsourcing Corporate Financial Crime Enforcement to the US”, Claims Corruption Watch

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Corruption Watch UK has claimed that “a company committing economic crime in the US is far more likely to be hit with criminal, civil and regulatory penalties than one in the UK.” In a hard-hitting report published on 5 March...more

Dechert LLP

UK Bribery Act Receives Glowing Report While Other Areas of Economic Crime Prevention "Could Try Harder"

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The British Parliament has recently published two important post-legislative assessments of the effectiveness of the UK’s financial crime legislative framework, as well as an insight into future areas of focus....more

White & Case LLP

Proposed reform of UK corporate criminal liability – a failure to grasp the nettle?

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Following mounting calls for reform of the UK's corporate criminal liability regime, the Government is expected to consult later this year on potential reforms, which are likely to include a new corporate offence of failing...more

White & Case LLP

Does your compliance program address UK exposure?

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Tech companies of U.S. origin tend to have compliance programs focused on U.S. laws, including the Foreign Corrupt Practices Act (the "FCPA") and relevant tax and labor laws. The UK has enacted laws covering bribery and...more

White & Case LLP

Tesco trial collapse highlights dangers of an early deferred prosecution agreement

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On 6th December 2018, the trial of two Tesco executives accused of false accounting collapsed. The judge concluded that the SFO's evidence, taken at its highest, was such that a jury could not properly convict. The SFO...more

WilmerHale

Unexplained Wealth Orders: More Bark Than Bite (So Far)

WilmerHale on

The UK National Crime Agency (“NCA”) has successfully resisted a challenge to the issue of its first Unexplained Wealth Orders (“UWOs”). The victory comes shortly after the agency announced its intention to expand the use of...more

Orrick, Herrington & Sutcliffe LLP

An Introduction To The UK's Unexplained Wealth Orders

Law enforcement authorities in the U.K. have obtained a new instrument in their fight against crime. Starting Jan. 31, 2018, U.K. enforcement authorities can apply for court orders against individuals suspected of being...more

WilmerHale

International Co-operation in Investigations

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In recent years, the rise of multi-jurisdictional investigations and corresponding multi-jurisdictional settlements has changed the enforcement landscape. Notable examples include the tri-lateral settlements of Odebrecht and...more

Orrick, Herrington & Sutcliffe LLP

UK introduces new "unexplained wealth orders"

From 31 January 2018, UK enforcement authorities may apply for court orders against persons suspected of being involved in or connected to serious crime or "politically exposed persons" ("PEP") outside the European Economic...more

Hogan Lovells

Pension Alert - February 2018

Hogan Lovells on

Featured is a reminder regading action needed on legacy protected rights rules and new briefings on New offences under the Criminal Finances Act 2017; Reducing your PPF levy; VAT and pension schemes; and an updated briefing...more

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