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Corporate Crime & Compliance UK
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April 10, 2024
Former Judge Says Post Office Prosecutions Made No Sense
A former senior judge who oversaw a mediation scheme between the Post Office and people it wrongly prosecuted based on faulty IT data said the organization's case "didn't make sense," as he gave evidence to the inquiry into the scandal on Wednesday.
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April 10, 2024
Ex-BigLaw Atty In OneCoin Scam A Flight Risk, Feds Say
A former Locke Lord LLP partner who was convicted of laundering proceeds from the OneCoin cryptocurrency scam has "every incentive" to flee the country, prosecutors told a New York federal judge, arguing he shouldn't be allowed to stay out on bail while his appeal is pending.
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April 10, 2024
PCAOB Fines KPMG, Deloitte Units $27M For Cheating Claims
KPMG Netherlands and two Deloitte units will pay a combined $27 million to settle allegations from the Public Company Accounting Oversight Board of widespread answer sharing in their internal training programs, with KPMG's $25 million penalty marking the largest fine PCAOB has ever imposed.
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April 10, 2024
UK Reports £612M Lost To Investment Fraud Last Year
Cryptocurrency scams accounted for the bulk of investment fraud cases that cost U.K. investors more than £612 million ($771 million) in 2023, according to crime data service Action Fraud.
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April 10, 2024
Swiss To Beef Up Banking Rules After Credit Suisse Rescue
The Swiss government said Wednesday that it plans to beef up rules for its largest domestic lenders, including giving its financial watchdog an expanded toolkit after the near-collapse of Credit Suisse revealed holes in the current regime.
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April 10, 2024
Fraudsters Behind £50M Benefits Scam Get Sentencing Date
Five Bulgarians who pleaded guilty to fraud and money laundering have been convicted at a London criminal court, the European Agency for Criminal Justice Cooperation said Wednesday, a crime the agency described as the largest benefits fraud to have hit the U.K.
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April 10, 2024
Lifeboat Fund Opens Probe Into British Steel Pension Adviser
The compensation program for financial services said it has opened an investigation into an advice firm in connection with the British Steel Pension Scheme scandal.
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April 10, 2024
Russian Tycoons Win Initial Fight Over EU Sanctions
Russian businessmen Mikhail Fridman and Petr Aven have beaten the initial European sanctions imposed against them as a European Union court ruled Wednesday that they were unjustifiable, although their assets will continue to be restrained under newer measures.
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April 09, 2024
'You're Going To Lose These People,' Judge Tells Lynch Atty
U.S. District Judge Charles Breyer on Tuesday chided a Steptoe partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial, saying that his hourslong questioning of a Deloitte partner shouldn't go on much longer, or "you're going to lose these people."
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April 09, 2024
Tory Donor Wins First Defamation Fight Against BBC
Telecoms magnate and Conservative Party donor Mohamed Amersi won the first hurdle in his defamation battle against the BBC on Tuesday when the High Court ruled that BBC reports suggested to the public there were strong grounds to suspect that he had been involved in corruption and bribery scandals.
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April 09, 2024
Ex-Employee Says Post Office Fought Exoneration Efforts
A former subpostmaster who led a fight to exonerate innocent people prosecuted by the Post Office and wrongly convicted of fraud, theft and false accounting — based on faulty IT data — said the organization was determined to "protect the brand at all costs," as the inquiry into the scandal resumed Tuesday.
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April 09, 2024
Apple To Appeal Funding OK For IPhone Users' £853M Claim
Apple has won permission to appeal a decision to let an £853 million ($1 billion) class action claim go ahead for allegations the tech giant concealed problems with iPhone batteries, despite challenges to the funding arrangements.
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April 09, 2024
Labour Party Pledges £5.1B Tax Crackdown If Elected
Britain's opposition Labour Party pledged Tuesday to raise £5.1 billion ($6.5 billion) by closing tax loopholes and cracking down on tax avoidance schemes if it wins the next election, expected later this year.
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April 09, 2024
Newcastle United Accused Of Harming Fans With Kit Deal
Lawyers representing Sports Direct asked the U.K.'s antitrust court on Tuesday to grant an injunction to force Newcastle United to stock its stores with the soccer club's replica kits after a rival retailer was given an exclusive supply deal.
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April 16, 2024
Ex-SFO Bribery Chief Joins Prosecution Boutique Firm
The former head of bribery and corruption at the Serious Fraud Office kicked off a new role on Tuesday as a partner at Edmonds Marshall McMahon, the boutique private prosecution law firm has said.
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April 08, 2024
Ex-Autonomy Exec Says Boss's Invoice Ask Caused Concern
A former Autonomy finance employee took the stand Monday in the criminal fraud trial of ex-CEO Michael Lynch and finance director Stephen Chamberlain, telling a California federal jury that he was "not comfortable" with one of Chamberlain's invoice requests and was sacked after raising concerns about accounting irregularities.
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April 08, 2024
UK Eyes Reforms To Ease Corporate Apologies To Victims
The government opened a new consultation on Monday into potential reforms that would make it easier for companies to apologize to alleged victims of wrongdoing, including in cases where organizations might be vicariously liable for the actions of an employee or a member.
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April 08, 2024
Minister Calls For Prison Time Over Post Office IT Scandal
Individuals in the Post Office who wrongfully prosecuted innocent sub-postmasters "should go to jail," a minister said on Monday, on the eve of the inquiry into the miscarriage of justice resuming.
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April 08, 2024
Attwells Denies Breaking Promise In £1.2M Loan Dispute
Attwells Solicitors LLP has denied promising that it was acting on behalf of a man who, the law firm says, was probably fraudulently posing as the owner of two properties in a move to borrow £775,000 ($980,000) from a finance company.
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April 08, 2024
Grant Thornton Fined For Audit Compliance Breaches
The Financial Reporting Council said Monday it has fined accounting firm Grant Thornton £40,000 ($50,500) for failing to comply with audit regulations in its work on a local authority's pension fund.
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April 05, 2024
CMS Breached Instructions Over Lawyer Fees, Ex-Client Says
A former CMS Cameron McKenna Nabarro Olswang LLP client told a London court Friday that the law firm acted in breach of instructions when using some of the money earmarked for counsel in civil and criminal proceedings to pay itself.
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April 05, 2024
High Court Limits Use Of Confidential Info In $3.7B Asset Fight
Relatives of a dead Russian oligarch and an investment company accused of international fraud on Friday partially succeeded in obtaining an order to prevent the alleged misuse of their confidential information.
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April 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the BBC sued by former Georgian defense minister David Kezerashvili, Russian businessman Ildar Sharipov file a defamation claim against the publisher of the Liverpool Echo newspaper, MEX Group Worldwide sue Barclays and NatWest, and a climbing gear company hit retailer Next with a claim of copyright infringement. Here, Law360 looks at these and other new claims in the U.K.
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April 05, 2024
6 Questions For Paul Hastings' Stuart Alford KC
Paul Hastings LLP's new partner, Stuart Alford KC, is a former senior official at the Serious Fraud Office and has worked at two heavyweight U.S. firms, Kirkland & Ellis and Latham & Watkins. Here, he talks to Law360 about his career and about white-collar crime.
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April 05, 2024
18 Crime Gangs Specialize In VAT Fraud, Europol Says
Eighteen major criminal gangs in the European Union specialize in value-added tax fraud, having end-to-end control over the entire criminal process, the EU's law enforcement agency said Friday.
Expert Analysis
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CMA Report On AI May Lead to Greater Competition Control
The U.K. Competition and Markets Authority’s recent report on artificial intelligence foundation models is a sign that developers could face increased merger control and antitrust enforcement, and businesses should be mindful of these views to ensure that their models do not come under investigation, say attorneys at Morgan Lewis.
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.
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Recent Trends In European ESG-Related Shareholder Activism
New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.
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Audit Regulator Review Has Tips On Climate Metric Reporting
The U.K. Financial Reporting Council’s recent review of climate-related metrics and targets in listed companies’ annual reports is an extremely useful guide for issuers considering the quality of their disclosure reporting, with a number of key areas identified as central to further improvement, say lawyers at Bryan Cave.
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What Russia Case Reveals About UK Sanctions Enforcement
The Office of Financial Sanctions Implementation recently issued its first enforcement action under the U.K.'s expanded Russia sanctions against a relatively small company for a moderately severe breach — a decision that highlights several questions about the watchdog’s purpose and methods, say Maia Cohen-Lask and Tasha Benkhadra at Corker Binning.
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Breaking Down The UK's Draft Updates To Prospectus Regime
While there still may be changes, the U.K.'s near-final draft statutory instrument to update and in some parts replace the current on-shored EU prospectus regime is likely to represent a significant overhaul of the existing regime and may make U.K. capital markets a more attractive venue for listings for issuers, say attorneys at Debevoise.
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Italy's Bank-Profits Tax Plan May Become Model For Eurozone
If Italy's recently proposed 40% bank-profits tax helps keep its populist coalition government in power, notwithstanding the European Central Bank's legal challenges, the passage could spark a windfall tax trend across the eurozone and even in the U.K., says Cris Cicala at Stinson.
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Accountability Is Key To Preventing Miscarriages Of Justice
The wrongful conviction of Andrew Malkinson and other recent cases show that in order to avoid future miscarriages of justice, there needs to be a fundamental reevaluation of how investigators, prosecutors and the Criminal Cases Review Commission operate, prioritizing stronger penalties and increased funding, say Thomas Walford at Expert Evidence International and policy analyst Gerald Frost.
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4 Compliance Considerations Under FCA Consumer Duty
Following the U.K. Financial Conduct Authority's recent introduction of the new consumer duty regime, firms will need to be mindful of data protection implications when managing their compliance with the duty and data protection legislation, say lawyers at Bird & Bird.
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Unpacking The Govt.'s Definition Of 'Professional Enablers'
A new U.K task force, which pursues lawyers who knowingly facilitate illegal immigration, may provide a preview of how the government intends to answer whether merely negligent legal professionals can also be charged as professional enablers of organized crime, says Kathryn Westmore at RUSI.
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6 Key Factors For Successful Cross-Border Dispute Mediation
The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.
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Understanding EU's AI Act And Its Enforcement Mechanisms
Companies wishing to use or market AI technology in the EU will need to become familiar with the risk-based regulatory framework and strict enforcement mechanisms of the draft EU Artificial Intelligence Act, which may be effective as early as next year, say Matthew Justus at AT&T and Wade Barron at Kilpatrick Townsend.
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Operational Resilience Considerations In Financial Services
A recent letter from the Financial Conduct Authority reminds CEOs of U.K. wholesale banks of their role in the safety and soundness of markets, but all firms can draw lessons and consider their own operational resilience for longer-term security and commercial benefit, says Richard Tall at Faegre Drinker.
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UK Tech Cases Warn Of Liability Clause Drafting Pitfalls
The recent U.K. High Court cases Drax Energy Solutions v. Wipro and EE v. Virgin Mobile Telecoms indicate a more literal judicial approach to construing limitations of liability, even when this significantly limits a claimant's recoverable damages, highlighting the importance of carefully drafted liability provisions, say Helen Armstrong and Tania Williams at RPC.
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UK Report Clear On Pro-Innovation Approach To AI Regulation
A recent U.K. government report focuses on the benefits and challenges of artificial intelligence, highlighting an opportunity for the U.K. to be an international leader, but unless it acts soon the EU will dominate and flexibility is likely to be helpful only at the margin, say Caroline Raul, Patrick O’Connell and Greg Palmer at Linklaters.