Blog Post
Plugging the gaps at Companies House
The Government has finally recognised that it is time for the much-needed, long overdue overhaul of Companies House.The Government Response to the Treasury Committee's Twenty-Eighth Report: Economic
Blog Post
Government response to Bribery Act scrutiny committee
Yesterday the Government ("HMG") published its response to the final report of the House of Lords Bribery Act Committee "The Bribery Act 2010: post-legislative scrutiny".
Blog Post
EU strengthens and expands whistleblowing protections
On 16 April 2019 the European Parliament approved new rules to protect whistleblowers who reveal breaches of EU law such as data misuse, tax evasion, money laundering, fraud or corruption in areas including public procurement, financial services, product and transport safety, public health, consumer and data protection.
Blog Post
Is the SFO riding roughshod over the fundamental protection of legal privilege?
Lisa Osofsky, Director of the Serious Fraud Office (SFO), spoke at the Royal United Services Institute in London and spoke about legal professional privilege. This post comments on her remarks particularly in light of the Court of Appeal's judgment in ENRC v SFO.
Blog Post
House of Lords Select Committee determines Bribery Act 2010 is an "exemplary piece of legislation" and encourages the Government to consider extending the "failure to prevent" offence to other economic crimes
Today, Thursday 14 March 2019, the House of Lords Select Committee ("HLSC") published its post-legislative scrutiny report on the Bribery Act 2010 (the "Act") having held 23 oral evidence sessions and reviewed 61 written submissions (including from Fieldfisher). The Act brought in, along with offences of offering or giving and requesting or receiving bribes and the offence of bribing foreign public officials, a strict liability corporate offence of failing to prevent bribery by a company's "associated persons". The only defence available for the failure to prevent offence is to have in place "adequate procedures" designed to prevent associated persons paying bribes on the corporate's behalf.
Blog Post
SFO allows second lawyer to take notes in interviews
On 28 February 2019 the Serious Fraud Office updated its guidance on dealing with requests for lawyers to accompany individuals interviewed under Section 2 of the Criminal Justice Act. Previously an interviewee could be accompanied by one lawyer only. The guidance has been updated to allow an additional legal representative to attend the interview for the sole purpose of taking notes. This does not permit the recording or transcribing of the interview.
Blog Post
HMRC publishes guidance on self-reporting the failure to prevent the facilitation of tax evasion
The Criminal Finances Act 2017, which came into force on 30 September 2017, makes certain corporate entities (referred to as "relevant bodies") criminally liable where they fail to prevent persons associated with them from criminally facilitating tax evasion, whether the tax evaded is owed in the UK or overseas. A person is “associated” with a relevant body if they are an employee, agent, intermediary or other person who performs services for or on behalf of the relevant body. The definition is intended to be wide
Blog Post
SFO drops investigation into Rolls Royce
The Serious Fraud office has announced that it is discontinuing its investigation into Rolls-Royce and there will be no prosecutions of any individuals for criminal conduct following the Deferred Prosecution Agreement (DPA) reached in 2017.
Blog Post
Tesco's controversial DPA published
The Serious Fraud office has now published its Deferred Prosecution Agreement ("DPA") with Tesco Stores Limited alongside the accompanying statement of facts. The publication follows the collapse of attempts to prosecute three of Tesco's directors on charges of fraud by abuse of position and false accounting.
Blog Post
NCA continues seizure of assets in first Unexplained Wealth Order
"Diamonds are forever", sang Shirley Bassey in 1971. The National Crime Agency would disagree, having seized a diamond ring worth £1 million from the subject of its first Unexplained Wealth Order.