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Corporate Crime & Compliance UK
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March 14, 2024
Ex-Libor Trader Hayes Claims Judge Denied Him Fair Trial
The conviction of former UBS trader Tom Hayes for rigging Libor is "unsafe" and should be overturned because the judge overseeing his trial committed a "cardinal" breach of his rights by telling jurors he had submitted false rates, his lawyer told the Court of Appeal on Thursday.
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March 14, 2024
Wright Is Not The Inventor Of Bitcoin, Judge Rules
A London judge ruled Thursday that Australian computer scientist Craig Wright is not the pseudonymous inventor of bitcoin, ruling that the evidence against his claim to be Satoshi Nakamoto was "overwhelming."
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March 13, 2024
Marketing Boss Says LC&F Services Provided In 'Good Faith'
The head of a marketing company that provided services to London Capital & Finance did so in "good faith," and had no knowledge of an alleged Ponzi scheme, his lawyer told a London trial on Wednesday over the £237 million ($304 million) investment scandal.
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March 13, 2024
Four Car Manufacturers To Face Dieselgate Trial In 2025
Ford and Nissan are among four major carmakers that will face trial in October 2025 over claims on behalf of 1.25 million motorists alleging that the manufacturers used in-car technology to cheat emissions tests, Leigh Day said Wednesday.
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March 13, 2024
EU Parliament Overwhelmingly Passes Landmark AI Law
European Union lawmakers voted overwhelmingly on Wednesday in favor of a first-of-its-kind artificial intelligence law, in a bid to help facilitate innovation while safeguarding the bloc's fundamental rights.
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March 13, 2024
Senior SFO Official Judy Krieg Departs After Three Years
One of the most senior officials at the Serious Fraud Office has left her role overseeing its fraud and bribery caseload, the second high-level departure since the new director took over the white collar crime agency in September.
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March 13, 2024
Traders To Fight Rate-Rigging Convictions In Landmark Appeal
Two former traders who say they were made scapegoats for public anger during the last financial crisis challenge their convictions for rigging benchmark interest rates on Thursday in a case that could undermine the legal theory that underpinned dozens of prosecutions.
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March 13, 2024
Norton Pension Scam Victims Receive Initial £9.4M Redress
Former employees of Norton Motorcycles received £9.4 million ($12 million) into their pension schemes from the Fraud Compensation Fund this week, an independent trustee told a group of senior MPs on Wednesday.
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March 13, 2024
CMA Fights Decision To Block Raid On Home In Cartel Probe
Britain's antitrust watchdog challenged on Wednesday the refusal by a tribunal to grant a warrant to raid the home of an individual connected to a chemicals cartel investigation, claiming the decision could make it impossible for enforcers to search domestic properties.
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March 13, 2024
All Post Office Convictions To Be Quashed Through New Law
The government introduced landmark legislation on Wednesday that will exonerate hundreds of people wrongfully convicted as the result of the Post Office scandal.
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March 12, 2024
IPhone Users' £853M Battery Suit Gets OK On Funding Revamp
Apple must face an £853 million ($1 billion) class action claim alleging it concealed problems with iPhone batteries after Britain's antitrust tribunal said Tuesday that a revised litigation funding deal overcomes the hurdle recently thrown up by the country's highest court.
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March 12, 2024
Immigration Lawyer Caught In Sting Loses Strike-Off Appeal
An immigration lawyer lost his appeal on Tuesday to stay on the rolls, after he was caught by an undercover journalist recommending that a client gather false documents for a visa application, with a London court ruling that his appeal was "totally without merit."
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March 12, 2024
Man Loses Bid To Challenge US Tax Refund Fraud Extradition
A man facing extradition to the U.S. — to stand trial on allegations that he took part in a scheme to fraudulently receive millions in tax refunds — was denied a chance to challenge the extradition by a London judge on Tuesday.
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March 12, 2024
'Clearer Than Ever' That Wright Is Not Satoshi, Developers Say
Lawyers for developers seeking to prove that Craig Wright is not the pseudonymous inventor of bitcoin told the High Court that it is "clearer than ever" that the Australian computer scientist is not Satoshi Nakamoto in closing arguments on Tuesday.
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March 12, 2024
Gov't To Give Banks More Time To Investigate Payment Fraud
HM Treasury on Tuesday published draft legislation giving banks more time to investigate suspected fraud on payments, giving them a better chance of stopping thieves.
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March 12, 2024
SFO Arrests 3 In £76M Luxury Care Home Fraud Probe
The Serious Fraud Office arrested three people on Tuesday in an investigation into an alleged £76 million ($97 million) fraud over the collapse of a luxury care home provider that left elderly residents homeless and 600 investors out of pocket.
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March 12, 2024
FCA's New Greenwashing Rules Lack Clarity, City Firms Warn
City firms are pressing the Financial Conduct Authority to revise the draft guidance for its new anti-greenwashing rules to clear up critical ambiguities as they seek greater clarity on how broadly it will be applied.
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March 11, 2024
Whistleblower Forced To Quit After Questioning CEO's CV
A chief operating officer at a charity was forced to resign after senior figures said his whistleblowing claims about the new chief executive's CV had ruined their trust in him, an employment tribunal has ruled.
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March 11, 2024
Santander Whistleblower Loses Bid To Revive Claim
An appellate tribunal has rejected a bid by a former financial crime policy manager at Santander to revive her whistleblowing and discrimination claims against the bank, ruling a fair trial was not possible because she failed to exchange witness statements.
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March 11, 2024
£237M Ponzi Case Doesn't Stack Up, Ex-LC&F Director Says
A former director of London Capital & Finance told a trial over the £237 million ($304 million) investment scandal on Monday that he did not take part in the alleged Ponzi scheme.
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March 11, 2024
New Treasury Review Of AML Rules To Cast Wide Net
The U.K. Treasury said Monday that a new review on the effectiveness of anti-money laundering regulations will have a broad scope, encompassing more than 100,000 businesses, including law firms.
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March 11, 2024
MPs To Hear From Administrators In Norton Pension Scandal
A parliamentary committee said Monday that it will weigh whether victims of pension fraud can receive compensation faster as the first part of its probe into the retirement savings scandal at Norton Motorcycle Co.
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March 11, 2024
Danish Prosecutors Open Tax Fraud Trial Against Sanjay Shah
Prosecutors in Denmark opened the criminal trial on Monday of a British hedge fund trader accused of masterminding a £1.44 billion ($1.85 billion) tax fraud scheme.
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March 11, 2024
FCA Ends Eight-Year Probe Into Former Mobile App Co. Execs
The Financial Conduct Authority has ended its civil court proceedings against two former executives of Globo, nine years after the mobile software developer fell into administration amid allegations of accounting fraud.
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March 11, 2024
Dentons Defeats SRA Over AML Checks On PEP Client
A London tribunal confirmed on Monday that it has dismissed the Solicitors Regulation Authority's action against the U.K. arm of Dentons over the firm's handling of anti-money laundering checks on a politically exposed former client.
Expert Analysis
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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.
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How The UK Investment Screening Regime Is Taking Shape
A recent order imposing remedies on an acquisition by EDF Energy highlights emerging trends in the U.K. government's national security reviews of transactions under the U.K. National Security and Investment Act, and shows how the U.K. remedy landscape compares to the U.S. regime, say lawyers at Arnold & Porter.
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Consultations Underpin Mandatory Fraud Victim Repayment
The U.K. Payment Systems Regulator’s recent consultations on authorized push payment fraud reinforce its June policy expectation, which said that unless there is evidence of gross negligence and the consumer standard of caution has not been followed, providers must reimburse fraud victims, say lawyers at Hogan Lovells.
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EU Directive Implementation Facilitates Class Action Shift
Lawyers at Faegre Drinker discuss the increase in class and consumer action filings leading up to the implementation of the EU's Collective Redress Directive, and predict that certain aspects of the directive will result in a pro-claimant landscape that may mirror that of the U.S. and other common law countries.
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Swiss Privacy Law Reforms Present Divergences From GDPR
The differences between Switzerland’s recently reformed Federal Act on Data Protection and the EU's General Data Protection Regulation, particularly around data breach reporting and the liability of company officers, will need to be carefully managed by multinationals that may have competing obligations under different laws, say Kim Roberts and Vanessa Alarcon Duvanel at King & Spalding.
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EU Antitrust Rules Set To Pose Challenges To US Businesses
With stark differences between U.S. and European Union antitrust regimes, and potential for the forthcoming EU guidelines to turbocharge the commission's appetite for intervention, it is important that U.S. businesses with activities in the region take note of the reforms, say Andrea Pomana and Sarah Wilks at Mayer Brown.
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Navigating The Rising Threat Of Greenwashing Enforcement
Recent high-profile cases before the Danish Consumer Ombudsman are a signal that authorities are ready to take robust action against greenwashing, and with a likely increase in the stringency of laws and severity of penalties, it is vital that businesses promoting their sustainable credentials do so in a compliant manner, says Lars Karnøe at Potter Clarkson.
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New Legislation May Not Be Needed For Recovery Of Crypto
The recent seizure of cryptocurrency under a civil recovery order raises the issue of whether extended powers under the forthcoming Economic Crime Bill are necessary, with the ability to seize crypto-related items that may be the subject of a search order more likely to be of assistance, says Nicola McKinney at Quillon Law.
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Employers Should Prepare For UK Immigration Changes
In light of the U.K. government's recent proposal to raise civil penalties for illegal working breaches and toughen visa sponsorship rules, employers should ensure they have foolproof systems for carrying out compliance checks and retaining specified documentation, says Annabel Mace at Squire Patton.
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EU Act Will Have Sweeping Implications For AI Use
The European Union Artificial Intelligence Act, expected to pass this year, will have far-reaching effects on businesses that use AI, but requires legislators to strike a delicate balance between its laudable aims to protect fundamental rights and ensuring that exciting technology is able to thrive, say Gretchen Scott and Omer Tene at Goodwin Procter.