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Corporate Crime & Compliance UK
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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.
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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.
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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.
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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.
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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.
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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.
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April 22, 2024
Leaked Doc Undermines Court's Libor Findings, Hayes Says
A leaked document from Britain's former banking trade association casts doubt over a key finding in the Court of Appeal's decision to uphold the convictions of two traders jailed for rigging interest rate benchmarks, one of the men claimed Monday.
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April 22, 2024
EU Threatens To Suspend 'Addictive' TikTok App Features
The European Commission warned TikTok on Monday that it may suspend a key feature of the video sharing platform's new app that rewards users for watching videos unless it addresses the watchdog's concerns about addictive elements of the new app and its risk to mental health.
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April 22, 2024
Complaints Of Closed Bank Accounts To Ombudsman Surge
Customer complaints to the Financial Ombudsman Service about closure of or refusal to open bank accounts have risen sharply in the last year, particularly from businesses, according to figures recently released by a select group of members of Parliament.
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April 22, 2024
Ex-Axiom Ince Chief Faces Bankruptcy Petition
The former head of collapsed Axiom Ince Ltd. is facing a bankruptcy petition after being accused of misappropriating almost £65 million ($80.3 million) to fund the acquisition of Ince Group PLC and property purchases.
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April 29, 2024
New Norton Rose UK Antitrust Chief Eyes Fresh Opportunities
Norton Rose Fulbright has promoted one of its partners to become its new head of antitrust and competition in London, with the new chief saying Monday she saw "new opportunities" for the group to build after her predecessor left for Cooley LLP.
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April 22, 2024
UK Authorities Charge 2 Men With Spying For China
U.K. authorities charged two men on Monday with spying for the Chinese government.
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April 22, 2024
NCA Investigator Sues Over Sexual Misconduct Sacking
A former National Crime Agency investigator told a tribunal on Monday that the law enforcement body unfairly sacked him over allegations that he inappropriately touched female colleagues and a member of the public at a Christmas party.
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April 22, 2024
FCA To Consider Big Tech Data-Sharing With Finance Firms
The Financial Conduct Authority said on Monday it will examine how Big Tech's access to data could be valuable to firms in the finance sector if it reveals consumers' preferences, and will consider setting out incentives to encourage information-sharing.
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April 22, 2024
FCA Defends Response To British Steel Pension Scandal
The Financial Conduct Authority on Monday said it took "appropriate regulatory action" amid complaints over its handling of the British Steel Pension Scheme transfer scandal and would not uphold any of the grievances it has received over its approach.
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April 22, 2024
CMA Wins Battle Over Home Search Warrants In Cartel Probe
The competition watchdog won a legal battle at a London court on Monday after a tribunal refused to grant it a domestic search warrant as it carried out a cartel investigation.
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April 22, 2024
FCA Urged To Halt Plan To Publicize Enforcement Probes
The Financial Conduct Authority's plan to name the firms it probes and publish information about investigations at an earlier stage risks an unjustified departure from the "fundamental principle" of being innocent until proven guilty, a House of Lords committee warned in a letter published Monday.
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April 19, 2024
Reed Smith Can't Escape £21M Suit Says Shipping Co.
A United Arab Emirates shipping company suing Reed Smith LLP for £21 million ($26.1 million) has accused the law firm of "surreptitiously" telling Barclays Bank that the shipping company was sanctioned by the U.S. resulting in its funds being frozen.
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April 19, 2024
SRA Calls For Law Firms To Step Up Checks On Third Parties
Half of law firms have changed working practices to avoid getting instructed in meritless lawsuits that gag negative publicity, but they still need more checks and balances in place when they work with third parties on reputation management claims, the Solicitors Regulation Authority said Friday.
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April 19, 2024
Post Office Lawyer Denies Aggressive Litigation Tactics
A top Post Office lawyer denied that his team had a strategy of fighting off at all costs a civil action brought by wrongly prosecuted sub-postmasters in order to stave off criminal appeals, as he testified Friday at the public inquiry into the scandal.
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April 19, 2024
Sudan Granted Two-Year Grace Period In £1.5B Debt Row
Long-standing creditors of Sudan were granted a two-year stay of their claim against the nation on Friday, with a London judge agreeing with the creditors that the country should be given time to stabilize its financial situation in the wake of political turmoil.
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April 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.
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April 19, 2024
Grant Settlement Proves Pull Of Offer That Can't Be Refused
Hugh Grant's decision to settle his case against News Group to avoid the "most likely" outcome of paying millions in legal fees even if he won demonstrates the effectiveness of a common cost-saving legal mechanism despite criticism the media giant is being allowed to avoid scrutiny.
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April 19, 2024
EU Firms Say Strict ESG Rules Risk Chasing Off Clients
Large banks have warned the European Union's banking regulator that its proposed guidelines for managing sustainability risks are too demanding and could drive clients away to banks outside the bloc.
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April 19, 2024
UK Probes Suspected Charity Funding For Pro-Hamas Agency
The Charity Commission said Friday it has opened an investigation into the possible misuse of funds raised by charities linked to the director of a pro-Hamas news outlet who is subject to government sanctions.
Expert Analysis
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Amazon's €32M Data Protection Fine Acts As Employer Caveat
The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.
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What Extension Of French FDI Control Means For Investors
The recently published French order on foreign investment control expands the regime's application to more sectors and at a lower threshold of share ownership, illustrating France's determination to maintain sovereignty over its supply chains in sensitive sectors, and adding new considerations for potential investors in these areas, say lawyers at Linklaters.
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What To Expect For Private Capital Investment Funds In 2024
As 2024 gets underway, market sentiment in the private fundraising sphere seems more optimistic, with a greater focus on deal sourcing and operational optimizations, and an increased emphasis on impact and sustainability strategies, say lawyers at Ropes & Gray.
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Cayman Islands Off AML Risk Lists, Signaling Robust Controls
As a world-leading jurisdiction for securitization special purpose entities, the removal of the Cayman Islands from increased anti-money laundering monitoring lists is a significant milestone that will benefit new and existing financial services customers conducting business in the territory, say lawyers at Walkers Global.
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EU Report Is A Valuable Guide For Data Controllers
The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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Cos. Should Plan Now For Extensive EU Data Act Obligations
The recently enacted EU Data Act imposes wide-ranging requirements across industries and enterprises of all sizes, and with less than 20 months until the provisions begin to apply, businesses planning compliance will need to incorporate significant product changes and revision of contract terms, say Nick Banasevic, Robert Spano and Ciara O'Gara at Gibson Dunn.
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How Decision On A Key Definition Affects SMEs
The Financial Conduct Authority's decision not to extend the definition of small and midsized enterprises may benefit banks and finance providers in the current high interest rate environment and where SMEs in certain sectors may be under financial pressure in light of the cost-of-living crisis in order to streamline it, says Rachael Healey at RPC.
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Together, GDPR And AI Act Can Boost Digital Rights In EU
The overlap between the General Data Protection Regulation and the forthcoming EU Artificial Intelligence Act is intriguing in that it demonstrates a shared commitment to upholding individual digital rights, and understanding this synergy is paramount in comprehending how the two domains can work in tandem, says Maria Moloney at PrivacyEngine.
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Acquisition Of AI Tech Poses Challenges For Media Industry
The artificial intelligence regulatory landscape is changing quickly, and media and entertainment companies planning to acquire AI technology through a merger, acquisition or licensing deal should be mindful of potential new compliance requirements and AI-specific insurance products, say lawyers at Covington.
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What Extending Corporate Liability Will Mean For Foreign Cos.
Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.
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Due Diligence Pointers After Entain Deferred Prosecution Deal
The Crown Prosecution Service's £615 million settlement with Entain last month signifies that the CPS is a serious enforcer of corporate crime, and illustrates the importance of carrying out a tailored risk assessment in preparation for and following an acquisition, say Matthew Cowie and Aziz Rahman at Rahman Ravelli.
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A Consequential Moment For Sanctions Activity
It is clear from the U.K. Office of Financial Sanctions Implementation's review of the 2022-2023 financial year that the unprecedented scale of designated persons and the value of assets frozen as a result has placed enormous pressure on OFSI and its partners, say lawyers at Greenberg Traurig.
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ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring
A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.
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Economic Crime Act Offers Welcome Reform To AML Regime
The Economic Crime and Corporate Transparency Act exemption for mixed-property transactions that came into force on Jan. 15 as part of the U.K.'s anti-money laundering regime is long overdue, and should end economic harm to businesses, giving banks confidence to adopt a more pragmatic approach, say Matthew Getz and Joseph Fox-Davies at Pallas Partners.