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Corporate Crime & Compliance UK
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May 07, 2024
FCA Bans Investment Firm's Ex-CEO For Misleading Clients
The Financial Conduct Authority has fined the former chief executive of a London-based investment firm for misleading clients about cash held by the group and handed him a ban, according to a statement published Tuesday.
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May 07, 2024
Apple Seeks To Block 'Hopeless' £853M Battery Class Action
Apple urged an appeals court on Tuesday to allow it to challenge a £853 million ($1 billion) proposed class action that accuses it of concealing problems with batteries in the phones of 24 million customers, arguing there is no evidence to support the "hopeless" claim.
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May 07, 2024
PwC, EY Hit With Fines Over LC&F Audit Failures
The Financial Reporting Council said Tuesday that it has handed out fines totaling approximately £10 million ($12.5 million) to PwC, EY and a third accounting firm for failures during audits they carried out on London Capital & Finance before the investment company's high-profile collapse.
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May 06, 2024
British National Admits To Coworking Business Ponzi Scheme
A British citizen pled guilty Friday in Manhattan federal court to participating in a scheme to solicit investments using fraudulent misrepresentations about a coworking company where he was a principal.
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May 03, 2024
SRA Warns Law Firms On Improper Practices In Mass Claims
The Solicitors Regulation Authority voiced concerns on Friday about law firms and legal professionals that handle mass claims involving financial services or products, saying that some are running up costs before they have even been instructed to act.
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May 03, 2024
Ex-Post Office Lawyer Denies Concealing IT Bug From Court
A Post Office lawyer was told of a bug in the accounting system used to prosecute an innocent sub-postmistress days before her trial but did not disclose this to the court, according to documents submitted Friday to the inquiry into the Horizon IT scandal.
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May 03, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.
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May 03, 2024
EU Regulators To Report AML Suspects To Central Database
The European Union's banking watchdog has said that national regulators can start reporting information on named individuals to the bloc's centralized anti-money laundering database from May, in a step further strengthening the fight against financial crime.
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May 03, 2024
Cable Makers Must Face Class Action From UK Energy Customers
Britain's antitrust court gave the go-ahead Friday for the former director of the U.K. gas regulator to lead a class action for millions of electricity customers in Britain against manufacturers of high-voltage power cables that are accused of fixing prices.
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May 03, 2024
Financial Adviser Convicted In Axiom Legal Fund Fraud Case
A former financial adviser was convicted on Friday of siphoning £5.8 million ($7.3 million) from an investment fund using secret commission payments as part of a legal financing fraud.
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May 02, 2024
Whistleblower Claims Would 'Destroy' Autonomy, GC Was Told
Autonomy's former U.S. general counsel testified Thursday in the criminal fraud trial of former CEO Michael Lynch that the company's chief operating officer didn't want a whistleblower's claims to get into court, telling him that while the "law" was on their side, "the facts look bad" and would "destroy Autonomy."
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May 02, 2024
HMRC Asked To Investigate Firm On Dodging Sanctions
HM Revenue & Customs should investigate a German-owned garage door manufacturer for violating sanctions by importing products from Belarus into the U.K., but instead authorities brushed off the case and now the company might receive a license, a U.K. lawmaker said.
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May 02, 2024
Mastercard Appeals Jurisdiction Ruling In £10B Class Action
Mastercard argued to a London appellate court Thursday that a £10 billion ($12.5 billion) class action over its swipe fees should be governed by the law of the jurisdiction covering the bank that processed the payment, rather than the jurisdiction of the customers who suffered the loss.
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May 02, 2024
BofA Beats Whistleblower Claim Without Settlement Defense
An employment judge has ruled a whistleblower working for Bank of America did not breach the terms of a settlement when he brought fresh litigation against the bank — but still dismissed his claims for filing them too late.
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May 02, 2024
Insurers Don't Have To Cover Deal Soured Over Bribery Woes
A London appeals court on Thursday rejected a holding company's bid to overturn a ruling that found its insurers were not liable for losses it suffered when its acquisition of a construction contractor went south after bribery and corruption allegations.
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May 02, 2024
Financial Watchdog Boss Summoned Over Plan To ID Targets
The head of the Financial Conduct Authority has been summoned to explain to lawmakers why he has not responded to their request to pause the watchdog's controversial plan to name the firms it probes amid mounting criticism that doing so could harm those later found innocent.
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May 09, 2024
Dentons Hires Disputes Partner With Green Expertise
Dentons has hired an environmental litigation guru, who spent over a decade at Freshfields Bruckhaus Deringer LLP, to take up a partner position in its disputes team.
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May 02, 2024
PPF Says Norton's Pensions Top-Up Payments Starting Soon
The pensions compensation program has confirmed that former employees of Norton Motorcycles will get top-up payments soon, after they were left financially disadvantaged when an executive siphoned off funds from a staff retirement savings plan.
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May 02, 2024
Europol Helps Bust 12 Fraudulent Call Centers
Police have raided 12 call centers in several countries for making thousands of investment scam calls and other telephone fraud, Europol said Thursday, as the agency revealed the cost to victims could have been more than €10 million ($10.7 million.
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May 02, 2024
Stalker Ex-BBC Presenter Must Pay Libel Damages To Cop
A former BBC radio presenter imprisoned for stalking broadcaster Jeremy Vine must pay "substantial" compensation to the police officer who investigated him after she settled her libel claim on Thursday over false allegations that he posted about her online.
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May 02, 2024
Uber Hit With £250M Claim From London's Black Cab Drivers
Uber was hit on Thursday with a multimillion-pound claim brought by more than 10,500 drivers of London's black cabs, who say the ride-hailing app operates unlawfully in the capital.
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May 01, 2024
Autonomy CEO's Atty Says Judge 'One-Sided' Against Client
A Steptoe LLP partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial accused the judge overseeing the case of making comments to the jury that are "one-sided" in a way that prejudices the defense.
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May 01, 2024
Teacher Argues Ban Over Pronoun Use Violates Human Rights
A teacher banned from the profession for misgendering a transgender pupil argued Wednesday that the prohibition unjustifiably interfered with his rights as a Christian.
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May 01, 2024
FCA Opposes Paying Ex-Julius Baer Manager's Legal Costs
The U.K.'s Financial Conduct Authority urged a London appellate court Wednesday to overturn a tribunal's decision to make it pay part of a former Julius Baer employee's legal costs, saying the tribunal unfairly ruled that the FCA had unreasonably not called witnesses who were overseas.
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May 01, 2024
Pension Scam Group's Future Hit By Lack Of Volunteers
A voluntary body that works against pensions scams said on Wednesday that it is considering winding up its operations and is concerned that a fall in volunteer numbers might jeopardize its effectiveness.
Expert Analysis
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Assessing The FCA Data Study's Response To User Concerns
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.
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Uber Payout Offers Employer Lessons On Mitigating Bias
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.
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Apple Ruling Offers Morsel Of Certainty On Litigation Funding
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.
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Cum-Ex Prosecutions Storm Shows No Sign Of Abating
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.
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Traversing The Web Of Nonjudicial Grievance Mechanisms
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.
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Opinion
FCA Greenwashing Rules Need To Be Stronger To Be Effective
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.
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Companies House False Filings Raise Issues Of Integrity
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.
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Gov't Probe Highlights Computer-Based Evidence Issues
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.
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UK Courts Continue To Struggle With Crypto-Asset Cases
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.
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Why Computer Evidence Is Not Always Reliable In Court
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.
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Comparing The UK And EU Approaches To AI Regulation
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.
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Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases
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.
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Compliance Points To Know About The EU Digital Services Act
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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Independent Regulator Could Chip Away At FIFA Autonomy
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.
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A Look At The Latest EU Alternative Investment Regulation
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.