Romania: new perspective on dawn raids and leniency following criminal legislation amendments download
The entry into force in Romania on 1 February 2014 of the new criminal codes implementing laws brought important changes to certain non-criminal laws.
Law Society chief executive Des Hudson is to stand down this summer, the solicitors’ representative body announced today.
Criminal law solicitors are aiming to sack the Law Society leadership by drumming up a petition for a second special general meeting (SGM) of the professional body.
Cyber news Down Under: the Antipodean troll — a different kind of species? The tragic suicide of Charlotte Dawson download
What a tragedy it is that it requires another suicide to regenerate widespread interest in cyberbullying, the phenomenon that has become the scourge of the internet age.
Luxembourg legal update — March 2014: enforcement of 2013 financial information, criminal settlement for Luxembourg and more download
Arendt & Medernach has released its Luxembourg legal update for March 2014.
The EU Parliament has voted to introduce a trust registry as part of new anti-money laundering provisions.
Claire van Overdijk of No5 Chambers has been appointed to the attorney-general’s London C panel of junior counsel to the Crown.
Earl Pinnock of No5 Chambers has defended Joyce Trail, a dentist who has been ordered to pay back more than £1.3m to the NHS.
There have been some high-profile cases involving the use of CCTV in Germany in recent years.
The People’s Republic of China State Secrets Protection Law Implementing Regulations became effective on 1 March 2014.
The Enterprise and Regulatory Reform Act 2013 makes significant changes to the criminal cartel offence, coming into force on 1 April 2014.
CCTV in the workplace ― France download
CCTV cameras can be installed in the French workplace for safety reasons and to prevent and investigate crime, theft or misconduct.
Ilyashev partner Maksym Kopeychykov will present a report at the II Annual Judicial Forum, which will be dedicated to Legal Practice Day.
The extradition hearing is under way in respect of five defendants who are accused of participating in the Rwandan Genocide in 1994.
Legislative decree no. 231/2001: the stance taken by the Italian Supreme Court on conspiracy crimes and more download
The Italian High Court has pointed out some significant aspects concerning the application of Legislative Decree No. 231/2001 (corporate criminal liability).
The offshore jurisdictions are thought to be secretive, with banking secrecy being an important part of what those jurisdictions offer to businesses and individuals who use them.
In response to political developments in Ukraine and Russian military action in Crimea, the US, the EU and Canada have issued new sanctions.
Schoenherr has established a dedicated criminal compliance and white-collar crime team.
No5 Chambers’ Ecky Tiwana has represented Marcus Cohen, one of five men jailed after stealing from a jeweller, then crashing their getaway car.
Taylor Wessing’s Düsseldorf restructuring team has helped the insolvency adminstrator of five subsidiary companies sue three former board members of Babcock Borsig.
Marshalling is an equitable remedy for achieving fairness between two or more secured creditors of the same debtor.
JPM Jankovic Popovic Mitic has provided full legal support to Serbian companies Imlek, Knjaz Milos, Bambi and Diary Subotica.
Criminal lawyers are set to swamp Westminster today in a mass protest against government plans to slash legal aid rates, with police told to expect more than 1,000 demonstrators.
The NDRC is collecting relevant information in the automotive parts industry and will likely launch antitrust investigations in this sector on suspicion of price-fixing cartels.
Mourant Ozannes has announced the promotion of three litigation lawyers in the Cayman Islands to senior positions within the firm.
Companies that have uncovered potential liability for economic crimes now have the opportunity to avoid criminal prosecution by seeking a deferred prosecution agreement in the UK.
Andrew Northage considers another case in which the FCA took enforcement action against inadequate anti-bribery procedures — even where no bribery had occurred.
The importance of risk assessments — first publicity order in corporate manslaughter case and general case update download
These cases highlight one point over and over again: risk assessments. They are either not in place at all or are undertaken but not followed.
Anthony Connolly, represented by Earl Pinnock of No5, accused of accompanying his son Lee Connolly on drugs runs between Plymouth and Liverpool, has been cleared by the jury.
No5 Chambers’ Mark Kelly has acted for the defence in the case of Gurdev Nagra, who has been spared jail after pleading guilty to two charges of assisting unlawful immigration.
On 24 February 2014, deferred prosecution agreements legislation was finally brought into force in respect of a wide range of criminal conduct.
HMRC has published updated guidance on the new ‘salaried member’ rules, the rules that will treat members of an LLP as employees for tax purposes in certain circumstances.
The future of cyber-security. Threats and opportunities — what in-house counsel need to know download
The ascent of the internet and computing has fuelled the importance of cyber-security, such that cyber-security has taken on a core strategic importance to business.
Eversheds associate Alison Messenger has commented following the publication of UK sentencing guidelines for environmental offences.
Khristy Spyrou and Myria Agathocleous have been unanimously voted to be partners of Pamboridis.
This briefing focuses on three of the legal weapons that you may find in your armoury to protect you against attacks from others in the online environment.
This article will focus on the proposed reforms to judicial review and cost-capping orders, which will affect planning and environmental matters.
The Lord Rennard ‘saga’ continues to play out in the news.
Deferred prosecution agreements, the government’s newest weapon in the fight against corporate crime, have become available to prosecutors.
Employing ex-offenders is a sensitive issue: some employers are wary of potential risks and reputational damage, while others embrace the idea wholeheartedly.
Finance companies are liable to the ultimate customer on the basis of joint and several liability with the supplier — and this includes in relation to fraudulent misrepresentations.
A recently issued claim in the High Court could have a chilling effect on the information a campaign group can collect and use.
The Court of Appeal (Criminal Division) has given judgment on two appeal cases brought by companies contesting the level of fines each received.
Mingyue Dun was recently elected as a 2014–2015 China subcommittee member of the Anti-Counterfeiting Committee of the International Trademark Association.
Williams v Central Bank of Nigeria download
The court looked at the issue of whether a stranger to a trust, who dishonestly assists in a breach of trust, is a ‘trustee’ within the meaning of s21(1)(a) of the UK Limitation Act 1980.
The Second Circuit has broadened the SEC’s power to seek civil disgorgement of profits from insider trading violations, even where an individual did not personally profit.
New US cybersecurity framework issued: in wake of cyber attacks and lawsuits, how should organisations respond? download
This alert summarises the framework’s key elements and suggests practical strategies organisations can use to assess whether and how to use the framework.
DPAs may be relevant to any Jersey company that is liable to prosecution under the UK’s Bribery Act 2010.
Deferred prosecution agreements download
The DPA regime is a half-way house between a prosecution and non-prosecution outcome to a criminal investigation, but without any of the reputational stigma of a successful prosecution.
New directive would require member states to provide in their national legislation for criminal sanctions related to insider dealing, market manipulation and unlawful disclosure of inside information.
Deferred prosecution agreements, the government’s newest weapon in the fight against corporate crime, become available to prosecutors from 24 February 2014.
Guy Ladenburg from Three Raymond Buildings (3RB) has acted as junior counsel in a case involving Stephen Davies QC.
James Dixon of No5 Chambers has appeared on behalf of appellant Peter Venables in the Court of Appeal in respect of an appeal against a sentence of detention for public protection.
The Sentencing Council recently issued useful guidelines regarding sentencing in relation to fraud, bribery and money-laundering corporate offences.
Three Raymond Buildings’ Kevin Baumber has defended a police officer and a family member at the Old Bailey.
Richard Hitchcock from Outer Temple Chambers has been selected for the award of Queen’s counsel.
No5 Chambers has announced that John Butterfield will be appointed Queen’s counsel, bringing the total number of QCs at No5 to 26.
New Sexual Offences Sentencing Guidelines — ‘previous good character’ can be aggravating factor download
An overhaul of the Sexual Offences Sentencing Guidelines will focus on psychological harm rather than physical harm.
National cybersecurity framework released — has your organisation considered the implications? download
The cybersecurity framework is a risk management tool to assist companies with assessing the risk of cyber attack, protecting against attack and detecting intrusions as they occur.
The search warrant recently executed on a Virginia-based flooring wholesaler surrounded allegations that the company had illegally imported wood in violation of the Lacey Act.
No5 Chambers’ Alex Stein has represented the appellant in a case in which the Court of Appeal handed down an important decision in relation to mens rea.
Matthew Brook of No5 Chambers has prosecuted in a case where members of a drugs gang have been jailed for a total of 51 years.
Matrix Chambers’ Matthew Ryder has lost a High Court battle brought by Guardian journalist Glenn Greenwald’s partner David Miranda over his detention at Heathrow Airport under the Terrorism Act 2000.
Minerals Matters — winter 2014 download
This issue contains articles relating to human rights in the mining industry, data protection issues, the ability to remove squatters and the crackdown on bribery and corruption.
A Guildhall barrister charged with attempt to defraud in relation to the sale of four open-cast mining sites has been cleared at a Cardiff Crown Court hearing.
DLA Piper’s financial services regulatory team has released the spring 2014 edition of its Money Laundering Bulletin.
Adrian Keeling QC of No5 Chambers has prosecuted in Operation Springtide, a case that saw three men convicted of fraudulent trading at Stafford Crown Court.
Mark Heywood QC and Saleema Mahmood from No5 Chambers have prosecuted an Operation Ply mortgage fraud case for Central Fraud Group.
Antitrust Matters — February 2014 download
DLA Piper has published the first edition of its global competition newsletter, Antitrust Matters.
Hogan Lovells has achieved success for Otkritie, a Russian financial services provider that the firm advised throughout a dispute regarding multi-million-dollar fraud against it.
Business consulting firm BTI has named Pillsbury partners Bruce Ericson and Maria Galeno to its Client Service All-Stars list.
New legislation reforming the Belgian State Council, the supreme administrative court of Belgium, was published on 3 February 2014.
This article details what types of transactions give rise to a heightened risk of insider trading, highlights the importance of confidentiality and provides practical guidance.
There has been unanimous support from the European Parliament’s Economic and Financial Affairs Committee for the agreement on the proposed CSMAD.
Development news — 12 February 2014 download
The government has announced a new planning court and reforms to the judicial review process, both of which are likely to benefit developers.
UK: the real risk of cyber attack download
New revelations of the cyber threat to government and business identify the risk of attack even when stopping for a cup of coffee.
Executive Branch acts out on cybersecurity: what you need to know about this groundbreaking effort download
The White House has released the National Institute of Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity.
Public register on EU trusts download
The European Parliament is due to vote on the fourth Money Laundering Directive. An important feature is the suggestion to establish a public register for all trusts held in the EU.
The UK Crime and Courts Act 2013 has come into effect, making DPAs available to the director of the Serious Fraud Office and the director of public prosecutions.
Barristers have stepped up their protest to legal aid cuts with plans for a full-scale walkout on 7 March, which will see them refuse to turn up to court or cover other members’ cases.
As part of its global pro bono programme, DLA Piper has produced a report entitled ‘Empty threat: does the law combat illegal wild trade?’.
Patrick Gibbs QC of Three Raymond Buildings has appeared for PC Keith Wallis, who pled guilty on 10 January to an offence of misconduct in public office.
The enforcement section of InCredit looks at the Sentencing Council’s definitive guidelines for fraud, bribery and money laundering.
The regions might stand shoulder-to-shoulder with London on criminal justice issues but there is everything to fight for when it comes to commercial work
Corporate crime update: criminal prosecution of corporations — more likely and much harsher download
After much anticipation, it has been announced that deferred prosecution agreements will become available in the UK from 24 February 2014.
Addleshaw Goddard has released the January 2014 edition of its Corporate News publication.
Jeremy Blum, associate at Bristows, has appeared on BBC television to talk about counterfeit goods.
Jeremy Blum of Bristows has appeared in a BBC report on the European Union’s (EU’s) hearing of a case involving the online purchase of counterfeit goods.
The Court of Justice of the European Union has today given useful clarity for rights holders in the fight against counterfeit goods coming into the EU.
As part of its anti-corruption package, the EU intends to publish a report every two years on member states’ efforts to tackle corruption.
Allen & Overy partner John Terzaken will be a speaker at this year’s GCR Live third annual Antitrust Law Leaders Forum in Miami on 7 and 8 February.
The FCA has published the decision notice it has issued to Standard Bank, fining it £7.6m for failings relating to its anti-money laundering (AML) policies.
An employer was entitled to sack an employee who was allegedly planning to steal company property, rather than waiting for the theft to actually occur.
This briefing describes the general offence/what constitutes prohibited conduct; and highlights the extent of ASIC’s recent activity in prosecuting insider trading and market misconduct offences.
The Basel Committee on Banking Supervision has issued new risk management guidelines relating to antimoney laundering and terrorist financing.
Criminal competition investigation into the supply of the galvanised steel tanks for water storage download
The Office of Fair Trading has announced that criminal proceedings have been started in its latest cartel offence investigation.
A new customs regulation has come into effect that strengthens the powers of customs officials to detain suspected counterfeit and pirated goods at EU borders.
Eversheds’ Neill Blundell, partner and head of fraud at the firm, has commented on reports that the scale of corruption across the EU is said to be breathtaking.
Serjeants’ Inn has snared a team of four barristers from rival set Outer Temple Chambers.
Allen & Overy has announced the appointment of partner Aurélien Hamelle to the Paris dispute resolution practice.
No5 Chambers barrister James Dixon appeared on BBC Radio West Midlands’ Danny Kelly Show twice during the week commencing 20 January.
Ian Brownhill of No5 Chambers has commented in the media on three international human rights cases.
The European Commission has fined four producers of flexible polyurethane foam products a total of €114m for their participation in a cartel.
Twitter still to grasp the nettle download
Twitter’s abject failure to deal with the recent abuse levelled at Stan Collymore, an ex-Premiership footballer, suggests that its assessment might have been ill judged.
Attention being paid by senior management to money laundering challenges is at an all-time high, according to findings from a new KPMG International report.
Hogan Lovells’ bribery and corruption task force expects increased enforcement against executives and enforcement co-operation between countries.
Hogan Lovells reviews the latest developments in the area of anti-bribery and corruption regulation and enforcement around the world.
The Court of Appeal (Criminal Division) has handed down judgment on two appeal cases brought by companies contesting the level of fines each received.
Twitter victims strike back download
Two Twitter trolls who sent abusive tweets to Caroline Criado-Perez have been sentenced to 12- and eight-week custodial sentences at Westminster Magistrates’ Court.
The FBI has turned to investment management firm Bridgewater Associates for general counsel hire James Baker.
FCPA Update — anti-corruption compliance in 2013: post-guidance trends and signals for the future download
Debevoise & Plimption has published its FCPA Update for January 2013. The lead article concerns anti-corruption compliance in 2013.
Neil Mohring of Eversheds believes that increased targeting and more accessible official packages should deter pubs from illegally showing foreign broadcasts.
Last year was the ‘annus horribilis’ for food, with the horsemeat contamination wiping millions off turnover and stock prices.
The Privacy and Civil Liberties Oversight Board has concluded that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended.
The High Court in Graiseley Properties Ltd v Barclays Bank plc had permitted the borrower to amend their particulars of claim following LIBOR-fixing allegations, but in Deutsche the court refused.
In Szepietowski v National Crime Agency, the Supreme Court set out a clear test for when the remedy of marshalling should be available to a second mortgagee.
The judgment in this case gives a thorough and helpful review of the authorities and issues in play when a solicitor seeks to rely on a section 61 TA defence to a claim for breach of trust.
The enforcement and financial crime section of InVest includes information on plans to suspend individuals during enforcement cases blocked by MPs.
The publication of the Resource Guide to the US Foreign Corrupt Practices Act was followed by a mixed year in terms of the number of resolutions and size of recoveries.
As the Acas code on disciplinary procedures makes clear, even if an employee is charged with a criminal offence, that is not normally in itself reason for disciplinary action.
Paula Barrett, data privacy expert at Eversheds, has commented on the theft of almost half of all South Korea’s credit card details.
The Court of Appeal (CoA) has thrown out a claim challenging the legality of British involvement in US drone strikes because any judgment would be a condemnation of US foreign policy.
DLA Piper’s Africa group has expanded in northern, southern and eastern Africa with the addition of three new member firms.
The Criminal Bar Association (CBA) has lost its bid to bring a judicial review of the new rating system for criminal barristers being introduced by the Legal Service Board (LSB) at the High Court.
Before Christmas, Twitter indicated how it intends to tackle two of its main challenges in 2014, namely: trolls and the spread of false information.
Shortly before Christmas, the government published its extensive full response to the Francis Report, entitled ‘Hard Truths’.
Match-fixing cases tend to be messy. They can result in three (possibly four) sets of legal proceedings all running at once.
New research suggests that athletes using steroids for only a short period could gain an unfair advantage over ‘clean’ competitors for up to 10 years.
Shameer Jasani has been appointed as a partner in the Cayman Islands office while Ray Ng joins the BVI and Asia office as partner and head of litigation.
The government can suspend ‘affiliates’ of a suspended contractor, even though there is no allegation that the affiliates themselves had done anything wrong.
Wierzbowski Eversheds announces new senior associates and litigation team hire.
The FCA has fined JLT Speciality £1,876,000 for failing to manage bribery and corruption risks created by overseas payments, in breach of Principle 3 of PRIN.
This article sets out how you can ensure your company avoids falling foul of the competition rules on exchanging information in its dealings with competitors and other market players.
This year, the SEC is intent on bringing record numbers of financial reporting cases and has some new tools and resources to enable it to do so.
Three Raymond Buildings has long been recognised as a pre-eminent criminal set. The practice of our members encompasses advocacy and advisory work in every aspect of criminal law.
We are well positioned to advise corporations about compliance with new legislation and to represent individuals and companies subject to investigation and prosecution.
Lawyers can make a real difference when it comes to causes that matter, and the Hot 100 campaigners are a perfect example.
On 6 January 2014, workers at a Goodyear factory in Amiens, ‘boss-napped’ two directors over plans to close the site. Shoosmiths consider the factors that led to this.
No5 Chambers practice director Tony McDaid has commented following the proposed changes to legal aid and the resulting protest by nearly 100 barristers.
Prioritisation and globalisation drive higher fine totals from fewer investigations.
Three Raymond Buildings has been at the forefront of extradition law for more than 50 years and is the leading set in this field.
We advise and appear regularly in appeals before the First-tier Tax Tribunal and the Upper-tier Tribunal for both appellants and HMRC.
Three Raymond Buildings has a long-established reputation as a leading set for fraud, money laundering and anti-competitive conduct.
We have expertise across all levels of call in this complex and constantly evolving area of law. Our members have appeared in some leading cases in the field.
We are regularly instructed by local and national regulators as well as regulated companies and individuals across a wide range of industries.
Three Raymond Buildings has built, and continues to build, an excellent reputation in the area of public law.
We are regularly instructed by disciplinary authorities and respondents in proceedings dealing with the full spectrum of professional misconduct.
We have a distinguished reputation in licensing law and the length and breadth of our experience in this area is unmatched.
We are highly experienced in dealing with cases in international criminal and humanitarian law.
We are experts in coronial law and appear in inquests as well as claims for judicial review of coroners’ decisions.
Allen & Overy has reported that across seven major jurisdictions selected for its Global Cartel Enforcement 2013 Year in Review, cartel fines handed down in 2013 totalled €3.1bn.
New EU Customs Regulation download
With effect from 1 January 2014, a new Customs Regulation came into force in the European Union (EU), which replaces the existing Customs Regulation.
Hogan Lovells has announced the promotion of 29 new partners, effective 1 January 2014.
In a KPMG survey of 60 executives, 90 per cent indicated that the number of cross-border investigations have either increased or remained the same over the last year.
There has been much debate about the circumstances in which minimum RPM will constitute a vertical monopolistic agreement prohibited by article 14 of the AML.
Foreign companies operating in certain complex or sensitive industries in China need to do more than instil an anti-corruption policy.
Barristers are staging a mass walkout today in protest against the cuts to legal aid implemented this year.
India’s new anti-corruption bill could be an effective deterrent in a country where bribery is currently rife
Liz Fitzsimons, data protection expert at Eversheds, has commented on news that the BBC faced a cyber attack on Christmas Day.
A former Allen & Overy (A&O) New York partner was sentenced to more than 17 years in prison last week after pleading guilty to the sex trafficking of a child.
Record fines and unprecedented investigations into bribery and competition violations signal a clear message to multinational firms to re-evaluate how they do business in China.
Criminal law solicitors have redoubled their attacks on the Law Society – ramping up calls for senior resignations – after slapping the organisation’s leadership with a vote of no confidence earlier this week.
A team of attorneys from Dacheng recently gave lectures on anti-bribery and anti-corruption for Stryker Corporation.
Debevoise & Plimpton has published its FCPA Update for December 2013. The lead article is ‘Weatherford International enters the FCPA top 10 list with $152.5m in fines and penalties’.
Pillsbury has published its FCC Enforcement Monitor communication for December 2013.
Munro has commented following the news that India’s upper house of parliament has passed a measure to implement an independent anti-corruption agency, known as a Lokpal.
Following the publication of the results of its alcohol strategy consultation, the Home Office has announced the steps it will be taking in delivering the government’s Alcohol Strategy.
The Court of Appeal has had to consider the amount of damages payable in relation to air conditioning equipment placed, without permission, on a roof.
Eversheds has elected Paul Smith, a partner and environmental lawyer and litigator at Eversheds, for a four-year term as chairman beginning on 1 May 2014.
E-commerce tools and the anonymity offered by trading over the web have long been exploited by traders of counterfeit goods.
The Bribery Act 2013 came into force on 16 December 2013 and it is largely based on the Bribery Act 2010, which came into force on 1 July 2011.
DLA Piper has announced that partner Roy McDonald has been recognised as one of Silicon Valley Business Journal’s ‘40 Under 40’.
A new Criminal Procedure Code was enacted in Serbia in October 2013. The code has introduced the new concept of investigative proceedings into the process.
Hogan Lovells has recruited Antonin Lévy, a partner dedicated to white-collar criminal defence, to its litigation practice in Paris.
An in-depth understanding of the unique legal environment in China is essential to fully understand compliance requirements.
Hogan Lovells has advised BTA Bank in a fraud case that saw the English High Court grant a further judgment in favour of BTA Bank against Mukhtar Ablyazov for $400m.
Hogan Lovells is hiring a white-collar crime partner to boost its Paris litigation capabilities.
The Criminal Court number 4 of Castellón has sentenced a peer-to-peer file sharing webmaster to 18 months’ imprisonment for a continued offence against IP rights.
AUSTRAC and the Commonwealth Attorney-General’s Department have released an issues paper as part of a post-implementation review of Australia’s AML/CTF regime.
SFO spotlight on construction sector download
The construction sector has recently come under the spotlight following comments made by the Director of the Serious Fraud Office.
Anthony Potter of No5 Chambers has prosecuted Cedric Brown, 46, who has been jailed for five years after carjacking a mother’s car with her two chidren inside.
James Doyle of No5 Chambers has defended James Barber, 31, of Smethwick, who has been cleared of dangerous driving.
Addleshaw Goddard has released the November 2013 edition of InVest. This section focuses on enforcement and financial crime.
Beleaguered Law Society officials are braced for up to 1,000 angry criminal legal aid solicitors to swamp a special meeting in less than a fortnight’s time as the row over Chancery Lane’s leadership peaks.
DLA Piper’s financial services regulatory team has released the winter 2013 edition of its Money Laundering Bulletin.
These days, it seems as if every passing week brings with it a new story in the press about the legal risks of engaging with social media.
The Chambers UK Bar Guide has ranked No5 Chambers in 15 practice areas.
The law in Jersey relating to the consequences of receiving a bribe has recently been clarified.
Eversheds has commented on the arrests of six men in relation to match fixing in the lower UK football divisions.
Disclosure following patient deaths has become a ‘hot topic’ in recent times and particularly since the events in Mid Staffordshire and Morecambe Bay.
Simon Crossley of Eversheds has said that it is no coincidence that trade-secret theft has increased, due to businesses storing information on networked systems.
Emma Chadwick, head of litigation at Winckworth Sherwood, has written an article for Facilities Management Journal entitled ‘Combating squatters’.
Second Circuit: in-house counsel may not seek to profit as whistleblowers against former employers download
The US Court of Appeals for the Second Circuit has issued an important ruling restricting in-house counsel from acting as whistleblowers in litigation against their current or former employers.
Germany’s most populous state has adopted a law, already in effect, allowing so-called group actions in cases involving animal protection.
If criminal law practitioners, incensed by the Law Society’s pliancy to legal aid cuts, pass a motion of no confidence, they will open the way for more regulatory change
Addleshaw Goddard has appointed energy, shipping and international trade expert Mike Melwood Smith as a consultant to the firm’s Singapore practice.
A report by KPMG has revealed that culprits are predominantly employees colluding with others outside the organisation.
Norton Rose Fulbright has replaced Allen & Overy (A&O) on a criminal corruption trial after partners from the magic circle firm allegedly intefered with a witness.
A profession-wide vote of no confidence in the leadership of the Law Society would force the organisation’s top bureaucrat to consider his position, the chief executive acknowledged to The Lawyer today in an exclusive interview.
Self-reporting is the key to navigating the anti-bribery legislation being implemented in Brazil
Hogan Lovells has announced that litigation partner William D Nussbaum has become a fellow of the American College of Trial Lawyers.
The size of the Diebold financial resolution raises questions about future enforcement of the FCPA, as well as the incentives for companies to self-report.
The National Crime Agency has made a commitment to work closely with businesses in its fight against white-collar crime and cyber attacks.
Wide sentencing powers can have a significant impact on a defendant’s finances.
Chinese defamation law download
With the rapid growth in Chinese media services and increased awareness of legal rights among the Chinese, defamation litigation in China is on the rise.
Andrew Legg has commented following news that a British printing company is facing charges of corruption related to contracts for the supply of ballot papers in African elections.
Health and safety in the workplace involves two different branches of the law, civil and criminal, as well as both corporate and personal responsibility.
Significant changes are imminent as the much anticipated DPA takes a step closer to implementation with the release of a draft code of practice.
Since Xi Jiping became China’s leader this year, the PRC has seen the launch of an unprecedented, sweeping government campaign to tackle corruption.
For even the most conscientious of companies, real hurdles exist to conducting fulsome due diligence in a global setting.
Brian Dean from No5 Chambers has defended in a prison murder trial.
The EAT has considered whether the tribunal at first instance should have taken into account a claimant’s post-termination conduct when determining his award of compensation.
Few areas of financial crime prevention in Bermuda are as complicated and misunderstood as ‘sanctions’, writes compliance manager Jarion Richardson.
The UK ICO has prosecuted a pay-day loans company and its director for failing to notify that its business was processing personal data in the UK.
Mills & Reeve explores the law relating to this contentious subject and look at pitfalls and issues to be avoided and managed.
Adrian Keeling QC and Brian Dean from No5 Chambers have defended PC Andrew Wagg and PC Louise Taylor respectively, who were acquitted of a false imprisonment charge.
Unfortunately an increasing number of owners of high-value properties are finding that they are victims of property fraud.
Liverpool-headquartered Exchange Chambers has moved to slash costs in the wake of legal aid spending cuts, moving offices and implementing a room sharing option to reduce chambers contributions.
Defence barrister Brian Dean of No5 Chambers has defended in a drugs case that saw more than £7m worth of high-purity narcotics being smuggled into the UK.
Michael Duck QC from No5 Chambers has defended in a recent case involving the murder of two Big Issue vendors.
Legal 500 UK 2013 has recommended Ince & Co as a top-tier law firm in shipping and corporate and commercial.
Former Norton Rose Fulbright lawyer Ben Morgan talks exclusively to The Lawyer about his new role at the SFO.
ICAC recommends 11 strategies for preventing corruption in procurement and management of security services download
A report issued by ICAC is a timely reminder for government agencies to review their procurement and management processes, and establish adequate corruption prevention safeguards.
Audrey Williams has commented on the news that the Home Office will consider encouraging whistleblowing by financial incentives in cases involving fraud, bribery and corruption
The Law Society has defended its position over legal aid cuts as the wrangling over Government reductions to legal aid funding continues.
Eversheds has commented on the launch of the UK National Crime Agency.
No5’ barrister Daniel Oscroft has defended in the recent failed Gridlock Crew ASBO attempt in Coventry.
Our global fraud and international investigations group comprises specialists from Europe, Africa, Asia and the Middle East.
The international inquiries and investigations team is made up of more than 200 lawyers worldwide and is able to quickly mobilise dedicated resources.
The Antitrust Division obtained more than $1.02bn (£630m) in criminal fines in fiscal year 2013, which officially closed yesterday.
The Commercial Court has ruled that consequential losses arising from riots cannot be recovered from the public purse.
Recent decisions of the US Supreme Court have confirmed that reverse payments in patent settlements are subject to competition law and are potentially anticompetitive.
At No5 Chambers, we are at the cutting edge of criminal law, including all serious and complicated cases such as serious fraud, money laundering, confiscation, asset recovery, homicide and sexual offences.
The SEC has charged the owner of an investment advisory firm with defrauding investors while exaggerating the amount of assets under his management.
Deputy head of No5 Chambers
Adrian Keeling has helped drop two charges of computer misuse against a detective sergeant after the Crown decided not to proceed with the charges.
Chambers has announced that Paul Chaisty QC, Lesley Anderson QC and David Casement QC have been shortlisted in the Queen’s Counsel rankings.
National Legal Aid & Defender Association (NLADA) has presented Hogan Lovells with its 2013 Beacon of Justice Award.
Jeremy Bouch, an experienced white-collar criminal litigation solicitor, has joined Shoosmiths as a senior associate.
Robert and Vincent Tchenguiz’s victory highlights the key requirements for any business wishing to collect evidence confidentially and keep it behind the veil of ‘litigation privilege’.
Your company is probably spending too much time and money on anti-money laundering (AML) compliance — and it could still get fined by the regulator.
There are currently two scams being conducted utilising the Allen & Overy name.
DPAs are expected to be available for use by the Serious Fraud Office and the Crown Prosecution Service in February 2014.
The United States Court of Appeals for the Second Circuit held that Section 10(b) does not apply to extraterritorial conduct, ‘regardless of whether liability is sought criminally or civilly.’
Legal aid changes could have a serious impact on junior barristers
The August 2013 issue of DLA Piper’s Technology and Sourcing News e-newsletter is available now.
Ince & Co has released its latest update on UK anti-corruption measures.
Unfortunately, an increasing number of homeowners are finding that they are victims of property fraud.
Allen & Overy has announced its support of the 40th annual Fordham conference on international antitrust law and policy.
The Court of Appeal has held that an employee who was acquitted of theft in criminal proceedings had been fairly dismissed by his employer.
Two members of Outer Temple Chambers have assisted an Australian national to obtain a significant award before the First-Tier Tribunal (Criminal Injuries Compensation).
Substantial reforms to the UK competition regime present an array of unanswered questions and may even be unworkable in practice, writes Stephenson Harwood partner Marta Garcia.
The Serious Fraud Office (SFO) has brought proceedings against three individuals under the Bribery Act 2010.
On 14 August, the Serious Fraud Office (SFO) announced that four men connected to Sustainable AgroEnergy plc have been charged with offences of conspiracy to commit fraud.
Last week’s announcement that the US Justice Department has charged a company with criminal insider trading has left the global hedge fund and banking industry reeling.
On 1 September 2014, criminal liability of legal entities will be introduced in Ukraine.
We live in an environment where new allegations of fraud arise daily or where the press announces that fraudsters are using new technologies to ‘clone, phish, spoof or pharm’.
The president of Brazil has signed into law a piece of anti-corruption legislation that will force those doing business in the country to make changes to the way they do so.
Deferred prosecution agreements are now available to prosecutors in England and Wales.
The July 2013 issue of DLA Piper’s Technology and Sourcing News (UK) publication is available now.
Last week, Apple was found by a court in the Southern District of New York to have engaged in a per se illegal horizontal price-fixing conspiracy with five of the six top national book publishers to raise the price of e-books.
The third sector is as vulnerable to the threat of fraud as any commercial organisation.
The Serious Organised Crime Agency has recently uncovered a series of scams, which see not-for-profit organisations used as conduits for money laundering activities.
SMEs may need help getting to grips with the Bribery Act, but they ignore it at their peril
Deferred prosecution arrangement guidance hands responsibility for de-bugging over to the courts
There are several areas of law in which Outer Temple specialises where in certain circumstances our clients, many of them corporate and commercial, find themselves subject to the criminal courts.
ALFI has released new anti-money laundering practices and recommendations aimed at reducing the risk of money laundering and terrorist financing in Luxembourg.
Outer Temple Chambers has a long-established reputation in commercial fraud.
Globally, one in four people have paid a bribe in the last couple of years, according to Transparency International’s Global Corruption Barometer 2013.
The decision in Versloot Dredging BV v. HDI Gerling and others (The DC Merwestone) is of considerable significance to marine insurers and non-marine insurers alike.
US-style deferred prosecution agreements are due to be introduced into the UK early next year.
On 18 June, the government published an action plan to prevent the misuse of companies and legal arrangements.
Pension liberation schemes typically offer cash incentives to members to transfer their pension savings to a scheme from where a cash lump sum is ‘unlocked’ and paid to the member.
A new police unit to tackle IP crime and online piracy will be launched in September by the Intellectual Property Office.
Corruption has a detrimental effect on any economy. It creates unfair advantages, anti-competitive practices and a generally unfavorable business environment.
Are deferred prosecution agreements justified on cost savings alone?
Antitrust Division ends year with highest level of criminal fines ever in 122-year history of Sherman Antitrust Act download
The Antitrust Division obtained more than $1.13bn in criminal fines in fiscal year 2012, the highest in the 122-year history of the Sherman Antitrust Act.
Department of Justice's first ever criminal antitrust charge of a corporation for trader-based market manipulation download
The Antitrust Division and the Criminal Division of the Department of Justice have announced a deferred prosecution agreement with RBS for its role in the worldwide conspiracy to manipulate LIBOR.
The Supreme Court has held that the burden of proving withdrawal from a criminal conspiracy rests with the defendant, even when the defendant’s withdrawal occurs outside of the statute of limitations period.
How much is too much? A call for global principles to guide to the punishment of international cartels
Few issues engender as much debate in antitrust circles as the concern of overlapping punishment of cartel offenders in international cartel cases.
On 31 May 2013, the parliament of Mongolia approved a revised version of the Law of Mongolia on Combatting Money Laundering and Terrorism Financing.
Leading lawyers outline the challenges faced in managing and controlling risk in the wake of globalisation and ever more intrusive regulation
Recently reported cases demonstrate that the judiciary are more prepared than ever to impose tough sanctions on those who grossly exaggerate their claims.
Non-sensitive personal data must be processed in a way that complies with the eight data protection principles. There are additional requirements if the data is of a sensitive personal nature.
On 29 May 2013, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 came into force.
As part of a review of the allegations of sexual abuse by Jimmy Savile, the barrister tasked with considering themes arising from those investigations has invited comment from NHS staff about four issues.
An increasing number of clients are receiving solicitations encouraging them to submit payment for trademark services.
A panel of government enforcement experts will discuss compliance programmes during a live webcast on 18 June 2013.
There has been a growing appetite in the UK for increased transparency and accountability in the investigation and prosecution of corporate financial crime for some time.
Bribery Act 2012 download
The Bribery Act 2012 received Royal Assent on 21 May 2013 and is largely based on the Bribery Act 2010 (of Parliament), which came into force on 1 July 2011.
Hogan Lovells has announced that it has been named in the National Law Journal’s 2013 Appellate Hot List.
It is estimated that fraudulent activity is costing the UK economy £73bn annually.
Financial institutions acting on the basis of the freedom to provide services may be obliged to co-operate with the financial intelligence unit of the host member state according to the CJEU.
Hundreds of lawyers gathered outside the Houses of Parliament on 22 May to protest against the government’s legal aid cuts.
The April 2013 issue of King & Wood Mallesons’ China Bulletin is available now.
Criminal defence has traditionally been an area of strength for Dacheng.
Walker Morris announces two partner promotions as well as eight director promotions.
This year’s Queen’s Speech was as noteworthy for what it did not contain as its contents. The legislative themes are controlling immigration and promoting growth.
A new draft anti-commercial fraud law was endorsed in January 2013 by the cabinet in the UAE. The draft law is intended to replace Federal Law No 4 of 1979.
We provide expert advice on the full range of international anti-corruption issues globally.
Al Tamimi has successfully represented a multi-national tobacco brand owner before the Dubai courts in one of the most controversial cases in recent years.
In this article, Al Tamimi outlines Federal Law No. 5 of 2012 concerning the combating of information technology crimes.
The 3 May 2013 edition of Addleshaw Goddard’s Data & Information E-Alerts publication is available now.
Patients First and Foremost, the government’s initial response to the Francis Report, was published just before Easter.
The recent experience of Paris Brown demonstrates exactly the type of police activity that the DPP was seeking to prevent when he issued prosecution guidelines in December last year.
Counterfeiting is not only a problem for traditional brands protected by trademarks.
In an appeal from a Court of Appeal judgment, the courts emphasised the principle regarding the res judicata effect of a criminal judgment on a civil case.
Supreme Court holds proof of materiality not needed to certify securities fraud class action download
The Supreme Court has held that plaintiffs in a Rule 10b-5 securities fraud class action for damages need not prove materiality to obtain class certification.
Copyright lawyers want legislation reformed and simplified to create a level playing field for movie distribution channels
Appleby has announced the promotion of three lawyers to the partnership and the appointment of five lawyers to the position of counsel.
OIG’s ‘Special Fraud Alert on Physician-Owned Entities’ is the strongest statement to date that investing in or doing business with a POD is a significant Antikickback law risk.
Fighting counterfeit trade in Dubai download
There is an area in one of the older districts in the emirate of Dubai that is well known for an abundance of ‘genuine fakes’.
Mills & Reeve has over 30 years of experience in helping their clients navigate the many and fast-changing regulations affecting all businesses, whether public or private, UK or overseas.
Mills & Reeve provides expert guidance on all legal aspects of health and safety; whether it’s ensuring compliance or if you need representation in the aftermath of an incident.
Appleby has been named ‘Law Firm of the Year’ in several categories at the 2013 Corporate INTL Legal Awards.
King & Wood Mallesons has represented Hunt and Hunt on a landmark High Court proportionate liability ruling.
Corruption can take many forms that vary in degree from the minor use of influence to institutionalised bribery.
On 1 March 2013, the Federal Counsel (Bundesrat), the second German parliamentary chamber, approved the amended Foreign Trade and Payments Act (Außenwirtschaftsgesetz, or AWG).
An Italian businessman who posed as a lawyer for eight years has been convicted of 25 charges including deception, fraud, money laundering and using a false instrument at Southwark Crown Court today.
Karanovic & Nikolic has hosted a workshop focused on anti-corruption for Croatian corporates.
Luxembourg legal update — March 2013 download
Arendt & Medernach has released its Luxembourg legal update for March 2013.
The bill of law no. 6518 will introduce ‘criminal settlement’ into the Luxembourg Code of Criminal Procedure.
On 16 January 2013, the CSSF published the circular letter 13/556 announcing the entry into force of the CSSF regulation no. 12–02 of 14 December 2012 on the fight against money laundering and terrorist financing.
Former 1 Gray’s Inn Square barrister Edward Agbaje has been jailed for 18 months after failing to pay more than £80,000 in tax to HM Revenue and Customs (HMRC).
Regulatory risk: new SFO Director signals changes in how the agency will treat companies in the future download
The Serious Fraud Office has withdrawn its guidance to companies that discover and report corrupt conduct in order to avoid prosecution.
The provision of gifts and hospitality to public officials has recently been the subject of a number of news stories in the Serbian media.
Plaintiffs in securities fraud cases do not have to establish materiality before a class can be certified based on the ‘fraud-on-the-market’ theory.
Swansea mine manager faces gross negligence manslaughter charges.
Manslughter charges dropped against organiser of Taunton Rugby Club firework display.
Bowman Gilfillan has a dedicated forensic, compliance and white-collar crime practice area.
Aside from crimes of violence, the main objective behind almost all crimes is to generate profits for the individual or group that carries out such crimes.
Fidelity policy download
In this briefing, the claimant is a money exchange company and the defendant an insurance company.
Our anti-corruption compliance team offers legal advice on internal investigations.
Stricter gun control legislation could affect use of certain weapons and ammunition at nuclear plants.
EU releases cybersecurity strategy download
The EU Commission has published its proposal for a European cybersecurity strategy, together with a draft directive for consideration by the EU Parliament.
Former 39 Essex Street silk, Rohan Pershad QC, has been convicted of tax fraud.
The former Ince & Co partner jailed yesterday for defrauding the firm attempted to obtain an OBE by faking letters hailing him as a cancer charity hero, it has emerged.
Attorneys in the Curtis Internal Investigations practice advise companies investigating potential issues of misconduct within their own organisations.
Curtis’s criminal defence and government investigations group represents clients in criminal and civil investigations and enforcement actions by federal and state prosecutors and regulators.
Senior Herbert Smith Freehills (HSF) litigation partner Simon Bushell is set to join the London office of US firm Latham & Watkins in the latest exit from the firm.
We set out below an overview of the most significant further restrictions imposed by the EU Council Decision 2012/635 of 15 October 2012 Regulation 1263/2012. These further restrictions apply in conjunction with the pre-existing restrictions, details of which can be found in our previous updates.
Even before the current economic crisis, businesses throughout the world had been operating in an increasingly global and aggressive enforcement environment, which will only grow more intense as major financial scandals emerge.
The Leveson Report: Data protection proposals will have a significant impact on journalism and the enforcement of data protection law download
There has been much debate since the publication of Lord Leveson’s Report on the culture, practices and ethics of the press as to the role of a future regulatory framework governing its activities.
A string of recent, high-profile enforcement actions by the FSA has highlighted the risk for companies and financial advisers of improperly disclosing inside information.
Last month the President His Highness Shaikh Khalifa Bin Zayed Al Nahyan issued Federal Law No. 5 of 2012 (“New Cyber Crime Law”) a comprehensive piece of legislation on combating cyber crimes.
A facilitation payment to encourage creditors to vote through the restructuring proposals of creditors’ debts has been held by the High Court not to be an illegal bribe.
The Companies Bill recently passed in the Legislative Council renders auditors criminally liable if they knowingly or recklessly omit certain information from their reports.
Hong Kong’s new statutory price sensitive information/inside information disclosure regime (PSI Disclosure Regime) will take effect on 1 January 2013.
Amendments to the SFC Code of Conduct (“Code”) were announced earlier this year and the majority came into effect over the weekend, on 1 December 2012.
It was a year of triumph and tears for Kaim Todner managing director Karen Todner (scroll down for video interview) after she finally secured victory in Gary McKinnon’s high profile extradition case.
Louise Delahunty (scroll down for video interview) is one of a growing group of English corporate crime specialists to have joined a US firm in recent years.
At the start of 2012 US firm K&L Gates took a major step forward in UK litigation circles when it hired Addleshaw Goddard’s highly respected corporate crime chief Elizabeth Robertson as its first partner in its white collar crime and criminal defence practice.
“It is not every job where you get the Prime Minister standing up and saying that what’s happened is an outrage,” says Saunders Law managing director James Saunders, referring to the publication of the Hillsborough report on 12 September.
Since her call in 2005 Nichola Higgins (scroll down for video interview) has gained a reputation as a rising star both in terms of her work at the criminal bar in high profile and complex matters, and also representing the profession as a member of the Bar Council.
The FCPA in 2012 download
The year 2012 will probably be remembered in the annals of FCPA history as the year of the Guidance.
Rule 10b5-1 plans are back in the news.
Insider trading annual review — 2012 download
2012 gave us another year of aggressive enforcement of insider trading laws.
An employee of US firm Gibson Dunn and Crutcher will face trial charged with stealing more than £33,000 from the firm in alleged false overtime claims.
Corporations are being scrutinised today as never before. Public and private companies alike are examined and investigated not only by the US government, but by increasing numbers of local, state, and foreign government agencies.
2012 year-end FCPA update download
By comparison to the blistering pace set in recent years, FCPA prosecutions were down in 2012 (though still far higher than in any of the first 30 of the statute’s 35-year existence).
FCPA update — December 2012 download
An update on issues arising from the Foreign Corrupt Practices Act, including Transparency International’s 2012 Corruption Perceptions Index DOJ and SEC discussions on FCPA guidance and current enforcement issues, and news from the BRICs.
Aerospace and defence companies, foreign intermediaries and anti-corruption legislation are back in the spotlight.
On 14 November, the EU General Court ruled that the European Commission had been too broad when setting out its mandate for the carrying out of dawn raids at the offices of companies in France and Italy.
FCPA update — November 2012 download
In this issue: US enforcement agencies issue extensive new FCPA guidance; recent surveys highlight anti-corruption trends facing companies; Italy adopts new anti-corruption law.
The Financial Services Authority is shortly to embark on a thematic review of asset managers.
After a lengthy approval process, on 31 October 2012, the Italian Chamber of Deputies passed a long awaited anti-corruption bill, aimed at improving transparency in the country’s public sector.
After a year of waiting, the Department of Justice and Securities and Exchange Commission issued A Resource Guide to the US Foreign Corrupt Practices Act on 14 November 2012.
US DoJ and SEC issue FCPA guidance download
The Department of Justice and Securities and Exchange Commission have released new guidance on the criminal and civil enforcement provisions of the Foreign Corrupt Practices Act.
On 14 November 2012, the US Department of Justice and the Securities and Exchange Commission issued A Resource Guide to the US Foreign Corrupt Practices Act, which provides extensive and long-awaited guidance on the interpretation and enforcement of the FCPA.
On 18 September, 2012, the European Parliament’s Committee on Legal Affairs voted in favour of proposed EU legislation to impose disclosure obligations aimed at deterring corruption by large companies involved in extracting oil, gas and minerals and logging.
Since the enactment of Dodd-Frank, there has been a great deal of focus on rewards for ‘whistleblowing’ — bringing to the government’s attention evidence of wrongdoing that it did not previously know about.
In the latest of a string of litigation victories it has scored in the Second Circuit, the Securities and Exchange Commission convinced a panel of the Second Circuit on 6 September 2012.
Doughty Street Chambers has made a double raid on Tooks Chambers for star silk Tim Moloney QC and junior Tatyana Eatwell.
An international IP lawyer has been put on the sex offenders’ register for groping a woman on a bus.
Mayer Brown’s former chief information officer (CIO) has been charged with defrauding the firm out of hundreds of thousands of dollars in a fake invoices scam.
FCPA update — August 2012 download
This issue represents the first installment of a new feature of FCPA Update: our regional spotlight series.
Recently, the US Department of Justice reaffirmed its guidance as to what it views as the proper Foreign Corrupt Practices Act compliance procedures in the context of mergers and acquisitions.
The criminal division of Leeds-based firm Clarion Solicitors is to open two new offices in northern England by the end of the month and another three offices by the end of the year following the acquisition of offices in Harrogate and Huddersfield less than a month ago.
FCPA update — July 2012 download
In this issue: the SFO’s latest bribery related settlement; The difficulty of recovering damages from the government when an FCPA prosecution misfires; German High Court ruling on pharmaceutical industry and doctors.
Norton Rose has recruited its first London criminal law specialist with the hire of longstanding Bindmans partner and crime head Neil O’May.
Lawrence Graham has scooped the magic circle to lead an independent investigation into Libor for the British Banking Association (BBA).
Preiskel & Co’s David Allen Green, 25 Bedford Row’s John Cooper QC and 2 Hare Court’s Sarah Przybylska have overturned a conviction in the high-profile Twitter ‘menacing tweet’ case.
39 Essex Street silk Rohan Pershad QC has been charged with a £600,000 VAT fraud.
Kingsley Napley, DLA Piper and Russell Jones & Walker (RJW) have been instructed to represent eight senior journalists and executives charged over the News of the World phone-hacking scandal.
Yesterday in a criminal case, United States v Hamilton, 2012 WL 6000731, the US Court of Appeals for the Fourth Circuit held that emails the defendant sent to his wife over his employer’s email system were properly admitted as evidence against him.
French firm Fischer Tandeau de Marsac Sur & Partners has been instructed to act on behalf of the widow of Yasser Arafat as investigations begin into whether the former Palestinian leader was poisoned.
UK anti-corruption enforcement update: civil recovery settlement with Oxford Publishing Limited download
The UK Serious Fraud Office (SFO) announced earlier this week that it had obtained a civil recovery order from the High Court requiring Oxford Publishing Limited (OPL), a whollyowned subsidiary of Oxford University Press (OUP), to pay £1,895,435, plus prosecution costs.
The potentially enormous financial rewards offered to whistleblowers in return for information about suspected wrongdoing are generating a deluge of tips to the SEC.
Global enforcement of anti-corruption laws is at an all-time high and unlikely to recede any time soon.
Since it came into force on 1 July 2011, the impact of the UK Bribery Act 2010 on the giving of corporate hospitality, gifts and other expenses has raised concerns among those who fall under the Act’s jurisdiction.
A trial at a London court collapsed last Friday after it was revealed that an interpreter employed by Applied Language Solutions had made an interpreting error.
Manchester-based solicitor Nicholas Heywood has been jailed for 12 months after being found guilty of laundering money from a vulnerable lottery winner.
Former Hogan Lovells litigation partner Christopher Grierson has been charged with four counts of false accounting by the City of London police, several months after being dismissed from the firm’s partnership.
Former Mishcon de Reya property partner Kevin Steele has been convicted of forgery and fraud offences by the Serious Fraud Office (SFO).
The Police Service of Northern Ireland (PSNI) has made a rapid U-turn on its decision to interview a lawyer from Belfast-based firm Kevin R Winters & Co as he begins to lead the defence of a high-profile murder trial in Northern Ireland.
Sullivan & Cromwell has recruited Simmons & Simmons partner Louise Delahunty in a coup for its white-collar crime practice.
Kingsley Napley has launched a four-partner regulatory and professional discipline team, making up two new partners in the process.
This week we’re running an exclusive interview (here) with Andrew Rimmington, the Dorsey & Whitney partner who was charged with insider dealing by the FSA, but who was acquitted.
Civil recovery actions have been identified as a powerful tool in the fight against financial crime. Nicholas Cox examines their progress to date and whether criticisms of them being used as an alternative to prosecutions hold any water
A move towards a more American approach in fraud pleas throws up new issues, say Rod Fletcher and Shula de Jersey
The Law Lords have upheld an appeal by the Serious Fraud Office against a High Court ruling that it acted unlawfully in terminating a probe into a BAE Systems arms deal.
The biggest shake-up of health and safety law in more than 30 years came into effect at midnight on Sunday 6 April with the introduction of the Corporate Manslaughter Act.
White & Case has won a landmark House of Lords victory that will undermine key points of the UK's extradition treaty with the US.
The Financial Services Authority (FSA) has launched its first criminal prosecution for insider dealing, accusing the former general counsel at telecoms company TTP Communications of profiting from insider information.
The House of Lords will today begin hearing the case of Ian Norris, determining conditions under which a UK citizen can be extradited to the US.
A trio from 5 Paper Buildings has failed to convince a jury that champion jockey Kieren Fallon and five others were guilty of race-fixing.
Jones Day, Travers Smith and White & Case clients Royal Bank of Scotland (RBS) and Royal Bank of Canada have landed a victory in the NatWest Three case, after the former bankers pleaded guilty to fraud.
A raft of 15 barristers packed the Old Bailey today prepared to fight the case of champion jockey Kieren Fallon and five others who have been accused of race-fixing.
THE LEGAL profession is at loggerheads over how to cut the amount of time it takes to get major fraud and corruption cases into court.
Solicitor Adrian Sam has been made bankrupt by the Financial Services Authority (FSA) after his law firm Adrian Sam & Co (ASC) assisted an illegal overseas boiler room scam.
Ebbers' WorldCom conviction is big US news, but it's equally a warning for UK directors
The Criminal Cases Review Commission is fighting on behalf of wrongly convicted prisoners – but is also fending off criticism for not being proactive enough. Jon Robins investigates
Washington DC-based Steptoe & Johnson has launched a New York operation on the back of its white collar crime practice.
Since New Labour was elected, the Home Office legal team has been under pressure. Legal head David Seymour talks to Brendan Malkin about effective housekeeping
The Home Office will be deluged with the mass of legislation proposed in the Queen’s Speech, say lawyers.
Wragge & Co is advising pro bono on the firm’s first-ever death row case.
The British Phonographic Industry is coming down hard on filesharers. Geoff Taylor and Simon Baggs report on the culling of the music thieves
An elite panel of specialist lawyers has been formed to trace stolen assets following the upturn in global fraud.
After five years in limbo, the £700m dispute over funds transferred to the family of the late Nigerian dictator General Sani Abacha finally comes to court this week.
Gavin McCartan is the first solicitor to be jailed by the proceeds of crime legislation. It’s easy to see why the profession might be getting paranoid. Jon Robins reports
Since Guernsey made market abuse a criminal offence with a penalty of up to seven years in prison, investors are more protected than ever before. Benjamin Wrench reports
New UK legislation introduced to catch terrorists has caught three British bankers accused of Enron-related fraud who are now fighting extradition. By Jon Robins
Customs & Excise has instituted a wave of internal reform in a bid to avert any further damage to future prosecution cases.
Customs & Excise is being sued by one of its former senior lawyers for the way he was allegedly treated during the London City Bond (LCB) cases.
Government-funded legal services provided to Aborigines and Torres Strait islanders in Australia are to be opened up to private law firms for the first time when an official tender process begins in November.
The sentencing of CSFB banker Frank Quattrone to eighteen months in prison has blown the issue of privilege wide open. Jon Robins reports
Barristers’ fees in five Irish tribunals will remain static for at least another three months, despite July’s announcement that costs would immediately be slashed by two-thirds.
Twelve months ago in Liverpool, a new kind of niche firm was born. Sue Mawdsley and Frank Maher left Weightman Vizards to set up a risk management consultancy called Legal Risk. They claim its principal aim is to save its clients money. “Our main focus is on helping firms save more than they spend. We saved one firm half a million pounds last year,” says Maher.
Byrne and Partners, an independent six-partner boutique specialising in commercial litigation, was founded on high aspirations. “We aren’t yet a name in the marketplace that everyone thinks of first, but that’s what we’re aiming for,” says partner Matthew Frankland. “We want to be the pre-eminent business crime firm, offering real solutions to real problems and adding value ...
The widow of a man killed by her son has won a substantial criminal injuries claim, thanks to the pro bono efforts of lawyers at Lovells.
After last week’s collapse of the corporate manslaughter and health and safety charges against Railtrack, prosecutors over the Hatfield rail crash now have four months to prepare their case against Balfour Beatty Rail Infrastructures and a number of its former executives.
The sudden death of Adam Cowell on 29 July at the age of 40 marks the loss of one of the profession’s leading business crime lawyers.
The chairman of Winston & Strawn has been criticised in 500-page report into the alleged fraud at Hollinger International Inc over his role as the chair of the company’s audit committee.
The international implications of Sarbanes-Oxley were being examined last week as two former employees of the Swatch Group claimed for unfair dismissal under ‘whistleblower’ protection provisions.
Lovells has won a criminal injuries claim for a pro bono client nine years after the client’s husband was killed by their mentally incapacitated son. The client, who has pursued a claim for criminal injuries compensation since 1995, was originally denied an award. Lovells lawyer David Vince and trainee David Hartley assisted an oral hearing of the Criminal Injuries Appeals Panel, where the panel awarded more than £300,000. Lovells believes this case is the first fatal dependency claim ...
The collapse of Tyco left its general counsel facing prison. Anthony Davis and Pamela Jarvis report on the implications of Mark Belnick’s acquittal
A former Clifford Chance lawyer who set up the Iraq Special Tribunal to try Saddam Hussein for war crimes has been accused of involvement in the murder of an Iraqi official.
Eversheds joins trend with Orchard capture; future of legal aid work uncertain
Herbert Smith has pulled out of acting on one of the world’s largest price-fixing cases against a host of pharmaceutical companies because of uncertainty over fees.
The Foreign & Commonwealth Office (FCO) has extended an existing panel on human rights to include child abduction cases.
The new money laundering regime continues to throw up practical problems for those practising in the financial services sector and for their clients. What has emerged is the difference between the theoretical requirement to send in a suspicious activity report and the irate client who does not take long to work out who it is that has brought the authorities down upon them. Lawyers are ...
Pictons chief executive officer (CEO) David Lambert is unusual in having a vision for the firm that he describes as “transient”. Some CEOs and managing partners might bridle at the suggestion of ‘transience’ in their thinking. But not Lambert.
As the holiday season begins, one group of lawyers has never been busier. Jon Robins meets Stephen Jakobi, the face of Fair Trials Abroad
Maitland Chambers has been hit with a rare departure as a senior trust barrister makes a move to XXIV Old Buildings.
Michael Mansfield QC’s criminal chambers is set to relocate to new premises in Clerkenwell due to concerns over high property rates around Holborn, for centuries the heartland of all London barristers.
Barry Tucker, managing partner of Tuckers Solicitors, has a clear vision on the world of criminal law. “It’s like a gladiatorial arena,” he insists. “If you have someone fighting for you who’s a good person and also a great lawyer, you can survive.”
A man facing Jamaica’s mandatory death penalty has seen his sentence overturned as a result of pro bono work by Allen & Overy (A&O).
Barristers can now receive instructions direct from members of the public following a change in the Bar Council’s code of conduct. The Department of Constitutional Affairs last week granted approval for the council to remove the blanket ban on direct public access. The new scheme does not apply to criminal, family and immigration barristers, who must still receive instructions from solicitors. First revealed on www.thelawyer.com 6 July
Matthew Arnold Baldwin announced a string of promotions last week, including Karen Jones, who became a partner in the firm’s IT and e-commerce division. Five lawyers have also been made up to associate.
The hopes of hundreds of death row prisoners in Trinidad and Barbados have been dashed after the Privy Council ruled the death penalty should not be abolished on the two islands.
The Serious Fraud Office (SFO) has stepped up its investigation into alleged price-fixing among pharmaceutical companies, with Lawrence Graham last week winning work representing employees being cross-examined by officers.
The Council of the Bars and Law Societies of the European Union (CCBE) this week criticised the introduction of a third European money laundering directive.
Hodge Jones partner Greg Foxsmith believes mentoring young offenders could fill the hole in our justice system. And he’s asking City lawyers to help. Gemma Charles reports
Simmons & Simmons has been dumped by trophy client Gallaher on the Office of Fair Trading’s (OFT) investigation into price-rigging in the tobacco market, The Lawyer can reveal.
Hardwicke Building, the largest set of chambers in London, is to demerge its civil and criminal teams.
In Putin’s battle with the oligarchs, the rule of law is looking increasingly fragile. By Joanne O’Connor
Debevoise & Plimpton has lured a leading litigation partner back from Morrison & Foerster (MoFo). James Johnson began his career with Debevoise before spending 10 years within the US government in a variety of roles, including Under Secretary of the United States Department of the Treasury. He moved ...
Tulkinghorn loves a thorough and professional PR bod, and they don’t come much better than those hugely efficient fellows at Grandfield. Their particular brand of genius was displayed to its fullest possible extent when they attempted to come to the rescue of client Fladgate Fielder.
Debevoise & Plimpton has lured a leading litigation partner back to the firm from West Coast giant Morrison & Foerster.
Clifford Chance has secured a victory for client Piers Morgan after the former Daily Mirror editor was cleared following a four-year-long Department of Trade and Industry (DTI) investigation into the ‘City Slickers’ share scandal.
Fladgate Fielder faces a negligence action from John Mundy, a former client who claims the firm breached its duty of care when advising him on an investment scheme run by Orb, the Jersey company at the centre of an ongoing investigation by the Serious Fraud Office.
The Serious Fraud Office (SFO) had a rare unqualified success last week when Southwark Crown Court put away Versailles fraudsters Carlton Cushnie, represented by Jo Rickards of Peters & Peters, and Fred Clough, represented by Gerallt Owen of Orchard, for a combined total of 12 years in prison.
Assets Recovery Agency head of legal Sue Edwards has brought plenty of nous to her job. And that’s bad news for wealthy criminals. Brendan Malkin investigates
Bishop Longbotham & Bagnall Solicitors (or, as it would prefer to be known in these days of abbreviated law firm names, BL&B Solicitors) perhaps sums up the dilemma faced by many established regional firms early in the 21st century. Should they keep the faith and retain tried-and-trusted ways of doing things, or jettison the status quo in favour of trendy alternatives, such ...
After months of stand-off, insurers last week agreed to pay out almost £250,000 in legal fees owed to Hempsons Solicitors, which defended the NHS against a large-scale class action funded partly by conditional fee arrangements (CFAs).
The Canadian lawyer representing imprisoned Russian oligarch Mikhail Khodorkovsky is set to lobbying the European Union (EU) in his latest bid to win the release of his client.
The UN Security Council has been asked to pressure Serbia and Montenegro into restarting effective cooperation with the UN War Crimes Tribunal on Former Yugoslavia.
The Philadelphia offices of Dechert and Schnader Harrison Segal & Lewis last month announced a victory following a 10-year pro bono battle to save a mentally retarded prisoner from death row.
Tim Taylor, the head of SJ Berwin’s burgeoning litigation department, has been replaced after seven years in the post by South African litigator Craig Pollack.
The British Virgin Islands (BVI) will be the venue for the final part of law firm Stephenson Harwood’s case against disgraced former Conservative council leader Dame Shirley Porter.
Kirkland & Ellis has added a mafia busting crime fighter fresh from the US Attorney’s Office for the Eastern District of New York to its commercial litigation group.
The US Senate’s former special counsel on foreign relations has joined the recently formed alliance between London chambers Seven Bedford Row and Jersey-based law outfit, BakerPlatt.
A former White & Case lawyer has been sent to a Buffalo boot camp after stealing money from the firm. Jennifer Hampton pleaded guilty to first degree fraud and second degree grand larceny after charging $111,913 (£63,300) of personal expenses to her corporate American Express card and for helping to defraud investors of more than $260,000 (£147,200). She was sentenced to between one and a half and ...
Queen’s Counsel from a raft of chambers have rejected offers of instructions in a major money laundering case. The move is a rebellion over new rates of Government pay for criminal defence barristers.
The legal director of the Association of British Travel Agents (ABTA) Riccardo Nardi has been fired following allegations that he defrauded the organisation of more than £1m. Nardi, who is accused of swindling ABTA out of £1.2m over a period of nine years, has been replaced by the organisation’s legal adviser Simon Bunce. ABTA, advised by Davenport Lyons, is suing Nardi to recover the cash, accusing ...
Mediators beware: recent money laundering legislation has far-reaching consequences. Patrick Sherrington reports
The legal director of the Association of British Travel Agents (ABTA) Riccardo Nardi has been fired following allegations that he defrauded the organisation of more than £1m.
THE US government will have to reconsider the fate of foreign nationals on death row after the International Court of Justice (ICJ) ruled that it had breached its obligations under the Vienna Convention on consular relations by failing to inform 51 Mexican convicts of their right to contact diplomats “without delay” after arrest. The court also censured the US for failing to allow Mexican consular officials to arrange legal representation in 34 cases.
Experts in the dock’, screamed one broadsheet headline in January 2004 after the Court of Appeal quashed Angela Cannings’ conviction for murdering two of her children. The Court of Appeal said that in cases such as Cannings’ it will often be unsafe to proceed to trial if the outcome would depend on a serious disagreement between distinguished and reputable experts.
DLA has brought it to Tulkinghorn’s attention that, following a comprehensive rebranding of the firm’s corporate identity, it has a new logo. Apparently, in an unforgivable oversight, The Lawyer has been failing to use it for some time.
Hampshire firm Warner Goodman & Streat recently celebrated its 150th anniversary, making it one of the longest-established South Coast practices. But longevity is allied with expansionist and forward-thinking policies. Family-friendly policies are the norm, with staff working regularly from home. Profit, while clearly important, is not the sole motive ...
The International Chamber of Commerce (ICC) is assembling a crack anti-fraud panel, tasked with offering advice to victims of commercial deception, money laundering and cybercrime.
An extraordinary dispute taking place in the Isle of Man, over whether the Securities and Exchange Commission (SEC) or two Cypriots has the right to $250m (£135.4m) of alleged defrauded money, has now widened to include Guernsey.
Hampshire firm White and Bowker has been around longer than many of its competitors. Established in 1750, the firm has existed “in a number of guises ever since”, according to chairman Niall Brook.
Inquest juries must give explanations for their verdicts in death in custody cases but have to stop short holding individuals liable, following a groundbreaking ruling of the Law Lords last week.
SFO fraud case An article headed ‘Millions wasted as SFO witness in money laundering case is rejected’ (16 February) reported on the collapse of the money laundering trial of Dariusz Maruszak and others. The Serious Fraud Squad has asked us to point out that while in that trial it was found that there was no case to answer, convictions of two defendants for the underlying fraud had already been secured at an earlier trial. On 11 October 2002, Thomas Pilz and Richard Walker ...
Nicholas van Hoogstraten will appear at the Court of Appeal today (15 Marc) as a litigant-in-person in his ongoing appeal to reverse asset-freezing orders made against him, having put his solicitors and counsel off record claiming he cannot afford to pay them.
There have been a lot of noises made by the Government about moving corporate manslaughter up the political agenda. So why have things gone quiet? By Jon Robins
New money laundering regulations present lawyers with significant duties and potential criminal liabilities. Peter Caldwell offers some guidance
The Enterprise Act’s criminalisation of cartels is making competition law compliance a business imperative, says Mike Pullen
Investigating white collar crime and fighting a military campaign are more similar than you think. Andrew Durant and Andrew Witts report
Hundreds of barristers are threatening strike action over new Government pay levels for murder and fraud cases.
Later this month, the Government will publish a consultation white paper on tackling organised crime in the UK. It is widely expected that the main pillar of this new approach will be the establishment of the Serious Organised Crime Agency (Soca).
The Proceeds of Crime Act has created outrage among family lawyers, who may have to secretly act against the interests of their own client and breach professional privilege. By Jon Robins
Shearman & Sterling has hired a member of the executive committee from leading US litigation firm Winston & Strawn as well as a litigation partner from Bingham McCutchen.
EU member states are close to reaching an agreement on a framework directive establishing the mutual recognition principle in matters involving the confiscation of the proceeds of crime.
Crown Office Row has hired two junior tenants from Kings Chambers in Manchester. The barristers, John Cooper and Simon Antrobus, specialise in health and safety and corporate manslaughter. For the last seven years they have acted for the Department of Trade and Industry in Griffiths v British Coal Corporation.
The Financial Services Authority’s decision last December to fine Abbey a record £2m for slack money laundering checks highlights a common problem that affects the legal profession. UK law firms represent thousands of clients every day, a percentage of which are likely to have engaged in illegal financial dealings. Blind trust could potentially lead to serious problems – not least ...
The International Maritime Bureau is about to set up a global panel of law firms to help it fight shipping fraud. Brendan Malkin opens the hatch
London & Regional (L&R) is suing Lawrence Graham for almost £30m over a deal that was allegedly bungled by Michael Fielding, the former partner who fled the country after allegedly taking £2m from L&R’s account.
The Serious Fraud Office (SFO) believes it can win more cases by employing more investigators; its merger with the City of London Police was partly to do just that, for instance. But take the Swepstone Walsh-related case. The SFO spent four years gathering evidence. It did a great job: the trial judge said the SFO’s case was “scrupulously investigated”. Then it brought in a convicted fraudster, John Thomson, as its key witness.
The Serious Fraud Office’s (SFO) use of a former solicitor – described by a judge as a “liar” and a “thief” – as a leading witness in its prosecution of an $11.5m (£6.1m) money laundering scam has led to the collapse of the case, which cost millions of taxpayers’ money. The case concerned the alleged laundering of proceeds from a fraudulent high-yield investment scheme through the client accounts of several law firms, including the now defunct Swepstone Walsh.
After racking up at least £10m in legal fees, the Serious Fraud Office (SFO) has abandoned a case after being told of a crucial legal point that lawyers argue it should have been aware of from the outset.
A bumper January, with gross income for the month hitting a record £2.25m, has helped St Philips Chambers post total revenues of £18.3m for its last financial year.
No5 Chambers of Birmingham and London has appointed Peter Feinberg QC as the joint head of its criminal law group. Feinberg, who has more than 30 years’ experience at the bar, joins No5 from 2-4 Tudor Street Chambers in London. His brief is to develop the set’s London chambers.
A COALITION of major business groups has filed an amicus brief at the United States Supreme Court calling on it to “clarify” the US’s 1789 Alien Tort Statute, which they claim is being abused by special interest groups.
The International Criminal Court (ICC) is a step closer to launching its first case, with Uganda President Yoweri Museveni referring the terror wrought by his county’s rebel group the Lord’s Resistance Army (LRA) to ICC prosecutor Luis Moreno-Ocampo.
Claire Gilham has her work cut out to prepare the IPCC for its April launch. The Government trusts her – now it’s up to the public. Brendan Malkin reports
Irwin Mitchell has recruited Withers’ former head of its fraud, trust and tracing group as a boost to its regulatory and investigations practice.
A unique alliance has been launched between common law and criminal set 7 Bedford Row and a Jersey-based law firm and consultancy practice specialising in financial crime and regulatory work.
Beatrice Mtetwa, the Zimbabwe lawyer currently acting to prevent the closure of the country's last independent newspaper, has allegedly been brutally attacked by police just days before her court hearing.
The long-awaited corporate killing law will have a dramatic effect on safety in the workplace. Tan Ikram reports on the problems involved in establishing liability
Emile Woolf reveals the much misunderstood role of auditors in the fight against white collar crime
The increase in economic crime shows no signs of abating. Will Kenyon outlines best practice for dealing with this most understated of problems
The SEC and the FSA have contrasting roles to play in reducing financial crime. Jason Mansell examines the FSA's difficulties as both regulator and prosecutor
No-nonsense and a formidable advocate, William Clegg QC is building up one of the most impressive CVs at the criminal bar. By Brendan Malkin
The Lawyer Awards' lifetime achiever Clive Stafford Smith may be returning to the UK, but as Naomi Rovnick reports, there's no reprieve for US injustice
Microsoft has appointed Mishcon de Reya to lead its fight against piracy, ahead of rival panel firms Linklaters and Covington & Burling.
Fergie Blackie, the retired judge arrested in Zimbabwe last year for allegedly attempting to defeat the course of justice, is facing trial at the end of this month.
The Athens Bar Association, which once sought to prosecute Norton Rose for its presence in Greece, is seeking to file a suit against the UK at the International Criminal Court (ICC). It claims that the UK's use of forces in Iraq constituted "crimes against humanity and war crimes".
For The first time in US corporate history, a general counsel has been indicted for alleged securities fraud.
John Bevan QC's 2 Harcourt Buildings and 7 Bedford Row have been appointed to the Metropolitan Police's panel for work stemming from the new Proceeds of Crime Act.
Bank wins first round against Lawrence Graham's disgraced former partner
Magistrates are about to get starring roles in the new justice system. Rachel Lipscomb tells Jon Robins why the Home Office got it so wrong
Customs & Excise has been patrolling the UK's borders since Roman times, and now has one of the Government's biggest legal departments. Jennifer Currie meets head of legal David Pickup
Public inquiries, wrongful arrest claims, employment tribunals... all in a day's work for the Met's in-house legal team. Kathryn Hobbs meets head of legal David Hamilton
James Oury has spent his career in efforts to save the lives of death row prisoners, but he wants to be known for more than just being a life-saver
Untempted by the spoils of crime, SFO director Rosalind Wright's only regret is the lack of resources stopping her from catching more criminals
Ronald Thwaites QC, brought up on a professional diet of criminal actions, finds that his direct approach to civil work keeps him off the streets
Michael Coleman has hurtled through his career rodeo-style, and with clients such as James Hewitt and the Hamiltons, he isn’t about to fall off
As Kamesh Bahl prepares for her appeal gainst the Law Society, she speaks out about how the case has affected her sanity and her finances
Sir Sydney Kentridge was defence barrister in the two highest-profile cases in apartheid South Africa. But at 78 are the energy levels starting to run low?
For a man who has spent his life dealing with indecency and fraud John Wood is remarkably coy. Sean Farrell meets the very lucky lawyer
Nick Gillies meets Robert Hunter, the man at the heart of Allen & Overy's trust, asset tracing and fraud group.
Following the return to the UK of the most notorious trader ever to play the stockmarket, criminal lawyer Stephen Pollard tells Dearbail Jordan what it's like being Nick Leeson's lawyer.