News & Analysis as of

United Kingdom Enforcement Actions White Collar Crimes

Skadden, Arps, Slate, Meagher & Flom LLP

New ‘Failure To Prevent Fraud’ Offence Expected To Come Into Force in the UK Shortly

The UK government introduced a major overhaul of its framework for addressing financial crime — and brought into force numerous significant changes — when the Economic Crime and Corporate Transparency Act 2023 (the Act)...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds Commission’s Power To Demand Data Held by Foreign Companies

In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more

A&O Shearman

Market abuse surveillance: UK FCA shares observations on good and poor practices

A&O Shearman on

Compliance with UK MAR depends on effective systems - The UK Market Abuse Regulation (UK MAR) requires firms to identify and report instances of potential market abuse. Their ability to do this depends on the effectiveness...more

Bracewell LLP

Digging for Trouble: The Double-Edged Sword of Decisions to Report Misconduct

Bracewell LLP on

On May 10, 2024, Romy Andrianarisoa, former Chief of Staff to the President of Madagascar, was convicted for soliciting bribes from Gemfields Group Ltd (Gemfields), a UK-based mining company specializing in rubies and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Economic Crime and Corporate Transparency Act 2023 – Key Developments

On 26 October 2023, the Economic Crime and Corporate Transparency Act 2023 (the Act) became law in the UK. The Act represents a major overhaul of the UK government’s framework for tackling financial crime and has brought into...more

WilmerHale

White Collar Crime Year in Review

WilmerHale on

2023 has been a year of change at the SFO with a new Director, enhanced investigatory powers and new statutory regime that will make it easier to prosecute corporate criminal offenders. Dropped investigations and acquittals...more

The Volkov Law Group

Two UK Reinsurance Brokers Settle with DOJ for FCPA Violations in Ecuador (Part I of III)

The Volkov Law Group on

DOJ announced two recent FCPA settlements with U.K. based reinsurance brokers involving a long-running bribery scheme involving two Ecuadoran state-owned insurance companies.  While DOJ has had a slow year in FCPA...more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence published - Update

A&O Shearman on

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

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence

A&O Shearman on

A draft ‘failure to prevent fraud’ corporate criminal offence will render large companies liable for fraud committed by their associates. We consider the draft offence and implications for businesses....more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence published - Update 9/6/2023

A&O Shearman on

A draft ‘failure to prevent fraud’ corporate criminal offence will render large companies liable for fraud committed by their associates. We consider the draft offence and implications for businesses....more

Dechert LLP

FCA Enforcement: Are your Financial Crime Systems and Controls in order?

Dechert LLP on

Key Takeaways - The FCA has recently fined JLT Specialty Limited and Ghana International Bank for limitations in their financial crime systems and controls, specifically weaknesses relating to anti-money laundering (AML)...more

BCLP

Fallout from the Glencore resolutions & lessons learned

BCLP on

On 24 May 2022, Glencore International AG announced a series of coordinated resolutions with various international enforcements agencies including the Department of Justice (”DOJ”), the Commodity Futures Trading Commission...more

Jenner & Block

Anti-Corruption Enforcement - 2021 Year in Review

Jenner & Block on

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we...more

The Volkov Law Group

NatWest’s Fraudulent “Spoofing” Schemes (Part II of II)

The Volkov Law Group on

NatWest’s fraudulent “spoofing” schemes occurred in the primary and secondary markets for U.S. Department of Treasury Securities, including derivatives that tracked the prices of U.S. Treasury Securities for 5-year, 10-year...more

Alston & Bird

Thin Gruel: Prosecutorial Discretion as Reassurance on New DOJ Policy

Alston & Bird on

Knowing what’s coming is important, even if what’s coming is cold comfort. Our White Collar, Government & Internal Investigations Team reads between the lines of recent statements from key Department of Justice officials...more

Dechert LLP

FCA Business Plan 2021/22: Increased Enforcement Activity Expected in the Year Ahead

Dechert LLP on

It is clear that the UK Financial Conduct Authority (FCA) intends to be more aggressive in its enforcement activity in the coming year. The FCA’s Business Plan for 2021/22 (the Business Plan) signals a change in focus for the...more

Hogan Lovells

UK launches new Global Anti-Corruption sanctions regime

Hogan Lovells on

On 26 April 2021, the UK launched the Global Anti-Corruption sanctions regime against individuals and organisations responsible for serious international corruption. The first wave of sanctions designations includes 22...more

Foley Hoag LLP - White Collar Law &...

Anti-Corruption 2021

This is the third in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed sanctions and export control trends....more

Cadwalader, Wickersham & Taft LLP

The UK Serious Fraud Office’s Extraterritorial Powers Are Clarified

After three years of uncertainty over the Serious Fraud Office’s (“SFO”) powers to obtain documents  located overseas, the UK Supreme Court has clarified the extraterritorial effect of the legislation facilitating that power...more

Dechert LLP

U.S. and UK Enforcement Priority: Spoofing - 2020 Highlights and What to Expect in 2021

Dechert LLP on

In a year of increased volatility across the world’s financial markets, prosecutors, regulators and exchanges on both sides of the Atlantic sharpened their focus on “spoofing” – i.e., bidding or offering without the intent to...more

Cadwalader, Wickersham & Taft LLP

UK Settlement Highlights International Enforcement Linked to “Car Wash” Investigation

The UK Serious Fraud Office (the “SFO”) has reached a £1.2 million civil recovery settlement with Julio Faerman, a Brazilian national linked to the sprawling “Operation Car Wash” investigation involving the Brazilian...more

A&O Shearman

Woefully inadequate anti-bribery measures lead to deferred prosecution agreement for aircraft refurbishment company

A&O Shearman on

The SFO has concluded a deferred prosecution agreement with Airline Services Limited (ASL), a UK supplier of aircraft cabin parts and services, for failure to prevent bribery under s7 Bribery Act 2010.  Despite the company...more

Hogan Lovells

UK SFO Publishes DPA Guidance: comparing and contrasting the approach of the U.S. DOJ to DPAs

Hogan Lovells on

The United Kingdom Serious Fraud Office (SFO) recently published comprehensive guidance on Deferred Prosecution Agreements (DPAs). Lisa Osofsky, Director of the SFO, stated, “Over the past six years, we at SFO have been...more

Hogan Lovells

Not a silver bullet: public procurement lessons from the G4S DPA

Hogan Lovells on

On 17 July 2020, a three-year Deferred Prosecution Agreement (DPA) between the Serious Fraud Office (SFO) and G4S Care & Justice Services (UK) Ltd (G4S) was approved. This DPA is the second arising from fraudulent conduct in...more

A&O Shearman

FCPA Digest - Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act - July 2020

A&O Shearman on

In the first half of 2020, the overall number of corporate enforcement actions dropped somewhat from recent years, with only six actions brought by the DOJ and SEC. The number of individual enforcement actions dropped as...more

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