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Corporate Crime & Compliance UK
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April 24, 2024
SFO Admits Deleting Osofsky's Phone Amid ENRC Leaks Row
The Serious Fraud Office acknowledged on Wednesday that it "inappropriately" erased the mobile phone of its former director, Lisa Osofsky, during litigation over alleged leaks in what mining giant ENRC told a London court was a "flagrant breach" of its disclosure obligations.
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April 24, 2024
EU Says 3 States Aren't Correctly Following AML Law
The European Commission said Wednesday that three European Union countries — Ireland, France and Latvia — aren't correctly implementing the bloc's laws against money laundering, meaning that the countries now have two months to correct the shortcomings.
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April 24, 2024
Disclosure Review Calls For Early Talks To Speed Cases
Early talks between prosecutors and defendants could ease the pressures of disclosure in complex economic crime cases where the large volume of online evidence creates a risk that suspects will be denied a fair trial, a government-backed review advised Wednesday.
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April 24, 2024
IP Firm Can't Take Bid To Block Clients' Case To Top Court
Britain's highest court has rejected a final attempt by Marks & Clerk LLP to block thousands of former clients from bringing a bribery class action over alleged secret commission payments, ruling that the law firm did not put forward any arguable legal challenges that justified an appeal.
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April 23, 2024
Ex-Autonomy Tech Exec Doubted 'Bizarre' $6M Deal, Jury Told
Autonomy's ex-chief technology officer testified Tuesday in the California federal fraud trial of former CEO Michael Lynch that he had concerns about Autonomy's "bizarre" 2010 deal to sell $6 million in repackaged hardware, which prosecutors allege was never delivered and was only used to artificially inflate Autonomy's revenues.
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April 23, 2024
Post Office GC Felt 'Scapegoated' Over Horizon Review
The Post Office's former general counsel felt "scapegoated" over the conclusions of an independent report she commissioned into the IT system used to prosecute hundreds of innocent people, she told the inquiry into the scandal Tuesday.
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April 23, 2024
RGL Confirms Woodford Claim Against Hargreaves Lansdown
RGL Group confirmed Tuesday it is pursuing a fresh claim against investment firm Hargreaves Lansdown over the collapse of Woodford Equity Investment Fund.
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April 23, 2024
UK Shuts Business For Fraudulent Timeshare Exit Claims
The U.K. government said Tuesday that it has shut down an unregulated timeshare exit company after finding that it was "misleading hundreds of clients" by offering them help with complications in their timeshare contracts.
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April 23, 2024
Ex-Law Firm Partner Fights SRA's Dishonesty Accusation
A former partner at a conveyancing firm urged a London tribunal on Tuesday to dismiss the Solicitors Regulation Authority's claim that he had acted dishonestly during a real estate transaction, arguing that the regulator abused the tribunal process.
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April 23, 2024
FCA To Return £530K To Investors From Deposit-Taking Scam
The Financial Conduct Authority said Tuesday it will return £533,000 ($664,000) in recovered money to investors who were hit by a deposit scam run through two companies, including a soccer league operator.
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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.
Expert Analysis
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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.
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3 Financial Services Hot Topics To Watch In 2024
Technology, ESG and private markets are set to have the greatest impact on financial markets in 2024, as firms grapple with increasing regulatory change and a shifting political backdrop on both sides of the Atlantic, says Matthew Allen at Eversheds Sutherland.
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Key Litigation Funding Rulings Will Drive Reform In 2024
Ground-breaking judgments on disputes funding and fee arrangements from 2023 — including that litigation funding agreements could be damages-based agreements, rendering them unenforceable — will bring legislative changes in 2024, which could have a substantial impact on litigation risk for several sectors, say Verity Jackson-Grant and David Bridge at Simmons & Simmons.
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10 Global Antitrust Trends To Anticipate In 2024
Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.
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Breaking Down The New Rules For High Net Worth Individuals
Andrew Northage at Walker Morris outlines what businesses need to be aware of to ensure ongoing compliance with revised conditions in the U.K. government's updated financial promotion exemptions for high net worth individuals and sophisticated investors, and suggests a few practical tips for businesses to follow.
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How Data Privacy Law Cases Are Evolving In UK, EU And US
To see where the law is heading in 2024, it is worth looking at privacy litigation and enforcement trends from last year, where we saw a focus on General Data Protection Regulation regulatory enforcement actions in the U.K. and EU, and class actions brought by private plaintiffs in the U.S., say lawyers at Morgan Lewis.
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Misleading Airline Ads Offer Lessons To Avoid Greenwashing
Following the Advertising Standards Authority's recent decision that three airlines' adverts misled customers about their environmental impact, companies should ensure that their green claims comply with legal standards to avoid risking reputational damage, which could have financial repercussions, say Elaina Bailes and Olivia Shaw at Stewarts.
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CMA Guidance Can Help Businesses Act On Climate Change
Guidance recently published by the Competition and Markets Authority, which explains how competition law applies to sustainability and climate change agreements, provides clarity for businesses seeking to collaborate and emphasizes the regulator’s open-door policy, says Andrew Maxwell at Freeths.
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An Overview Of UK Short Selling Regulation Reforms
The steps taken by the U.K. government to reform the short selling regime show a thoughtful and considered approach and a willingness to listen to industry feedback in adapting the legacy EU regime to the realities of the U.K. markets, say Anna Maleva-Otto and Matthew Dow at Schulte Roth.
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Supreme Court Ruling Is A Gift To Insolvency Practitioners
As corporate criminal liability is in sharp focus, the Supreme Court's recent decision in Palmer v. Northern Derbyshire Magistrates' Court that administrators are not company officers and should not be held liable under U.K. labor law is instructive in focusing on the substance and not merely the title of a person's role within a company, say lawyers at Greenberg Traurig.
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What Can Be Learned From Adobe-Figma Merger Termination
The Competition and Markets Authority’s role in the recent termination of the proposed Adobe-Figma merger deal indicates the regulator's intention to be seen as a strong enforcer in the technology sphere, and serves as a warning for companies to address antitrust risks early on in the merger process, say Deirdre Taylor and Molly Heslop at Gibson Dunn.
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How FCA Listing Regime Reform Proposals Are Developing
The Financial Conduct Authority’s recently proposed U.K. equity listings reforms maintain increased flexibility with a disclosure-based approach, but much of the new regime’s success will depend on the eligibility criteria used and whether additional governance will be required for inclusion, say lawyers at Debevoise.
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Major EU AI Banking Ruling Will Reverberate Across Sectors
Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.