White-collar crime in Serbia download
The majority of criminal behaviours are quite universal, but what usually differs, among different jurisdictions, are the punishments and procedures of detection and the processing of the crimes.
Adam Farrer of No5 Chambers acted for the Criminal Injuries Compensation Authority in relation to a challenge to the discount rate under the 1990 compensation scheme.
There are no excuses – it is a life-threatening crime people choose to commit
Hounslow trader Navinder Singh Sarao faces almost certain extradition to the US for price manipulation
Myles Bradbury’s appeal against sentence is ‘shocking’, says Neil Hudgell Solicitors’ Renu Daly.
Simon Hunka of No5 Chambers has persuaded judges to reduce a prison sentence handed to a woman for allowing her property to be used for drug production and storage.
While the formulation of global guidance varies, there are five key themes.
The illegality defence: an update download
Decision in Jetivia v Bilta clarifies the position.
Preventing and removing travellers download
There are two ways in which travellers can be removed from land, but prevention is better than cure.
Philip Rule of No5 Chambers has succeeded in a judicial review to quash decision of the Parole Board in R (Davies) v Parole Board.
Ian Bridge of No5 Chambers recently appealed an order for committal.
Several mechanisms and arrangements are available for someone who wants to conceal his involvement in a transaction.
April 2015 saw the introduction of important changes to judicial review procedures in the UK.
They say playing with fire is dangerous, but so is asbestos – not to mention turning gas canisters into potential bombs.
New act introduces two predicate offences to money laundering in relation to direct and indirect taxation.
Among the questions answered is: I would like to enforce a money judgment by taking control of goods. Are there any practical points of which I should be aware?
Fraudsters are impersonating senior executives on email so they can extract funds from corporates.
Tax crimes included as predicate offences; rethinking of the risk-based approach; and other changes.
Baker and McKenzie has recruited two new partners to its Vienna office: Christopher Urtz and Georg Krakow.
The defence of illegality – which prevents a claimant from bringing a claim that arises out of its own illegal acts – can’t be used where the company is claiming against its directors.
Where will the enforcement vote go? download
Moves to stop the enforcement of debts by way of taking control of goods could be on the way, and other factors enforcement professionals should consider.
Also: retrospective alternative service of claim form; judicial comment on costs budgeting; and more.
Ms I sustained a spinal cord injury during a biking excursion in Iceland. We traced witnesses in Iceland, Denmark, France and Italy.
Also: Obama signs order ’blocking the property of persons engaging in malicious cyber-enabled activities; and more.
Three recent events have encouraged the Health and Safety Sentencing Council in its task…
Including information on driving checks, fees for intervention and sentencing guidelines for health and safety offences, corporate manslaughter and food safety and hygiene offences.
The growing risk of hacking download
Recent cases show that the risks of hacking are growing. Time to wise up, warns Keith Schilling
Michael Duck QC and Michelle Heeley of No5 Chambers Crime Group have prosecuted a gang involved in dealing class A drugs in Telford, which has led to jail sentences totalling more than 55 years.
Operation Elveden was prompted by evidence heard at the Leveson Inquiry which suggested there was a culture of tabloid newspapers paying public officials for stories.
On 23 April the jury at Harrow Crown Court took just 13 minutes to acquit Tim Green’s client of causing death by careless driving following an accident in Kilburn High Road in July 2012.
Employers can question an applicant about their criminal record but this is subject to a fairly complex regime intended to protect certain individuals and enable them to be rehabilitated.
On 17 December 2014, the European Parliament and the Council reached an agreement on the Fourth Money Laundering Directive.
Tark Grunte Sutkiene recently successfully represented a Swedish company in case involving gross fraud.
Ruling has significant consequences on dawn raids by French competition authorities, who must now be sure to exclude privileged and unrelated documents.
Defendants to fraud-type claims by a company cannot rely on their own wrongdoing to escape liability for fraud.
Preparing for a dawn raid download
External counsel can help raided companies decide, say, whether to file for leniency. Bernhard Lauterburg of Prager Dreifuss is one of the experts on the panel in this Q&A article.
A 57-year-old employee with 36 years’ service was properly fired for one incident in which he cut another employee with a knife, a labour arbitrator has decided.
Requirement for commercial organisations to ensure neither slavery nor human trafficking are taking place in their company or associated supply chains…
Individual members of chambers have considerable experience in criminal work, often in fields that overlap with other areas of work undertaken at Serjeants’ Inn Chambers.
Switzerland’s anti-money laundering measures: has the fight against organised crime been successful? download
Financial intermediaries take centre stage as Swiss anti-organised crime measures are updated.
The new offence of cyber crime that causes material damage to human welfare or national security is punishable by life.
Somebody stole my company! download
How’s this for a cyber crime – in Bulgaria there have been a number of cases whereby the ownership of a company has been changed without the knowledge of the actual owner
The Independent Commission Against Corruption (ICAC) does not have power to investigate allegations that Ms Cunneen counselled a person to lie to police.
His Hon Brian Barker has appointed Bridget Dolan as Counsel to the Inquest into the death of Private Cheryl James at Deepcut Barracks.
Presentation for the association of corporate lawyers in Split.
Number of threats is now close to a million a day.
Public, police and medical negligence set Serjeants’ Inn Chambers has reported growth in fee income of 27.5 per cent for the 2014/15 financial year ending 31 March on the back of a management overhaul.
Mark Heywood QC defends in domestic shooting case.
Simon Hunka prosecutes in maniac road rage case.
Changes could lead to poor decisions and inadvertently increase the number of judicial review challenges brought. And what about after the general election?
David Mason QC, Michelle Heeley and Richard Gibbs of No5 Chambers Crime Group have prosecuted a gang who tried to raid a cashpoint and led police on a chase at speeds in excess of 150mph.
Zhao was sentenced to death for an arson attack that killed one person and injured another severely.
Guardian Care brings LIBOR deceit and competition claim against Lloyds.
Data Issues Roundup, 1 April: world leaders’ personal details revealed; US-EU dataflows; and more download
Worldwide update also includes items on Prince Charles’ letters and a code of practice for UK public authorities.
The proceeds of a sale of misappropriated antiques were the assets involved in Credit Agricole Corp and Investment Bank v Papadimitriou.
Developments in the cybersecurity regulatory sphere.
Use of illegal substances and alcohol dependency can be an issue which employers need to deal with in the workplace. We consider the possible problems and how to avoid the pitfalls.
Adrian Keeling QC and Michelle Heeley defend Sun reporter accused of paying public officials for stories.
A former News of the World journalist, who was the first to be found guilty of conspiring to commit misconduct in public office, has had the conviction quashed.
‘Private’ bribery in Australia download
In what circumstances is “private” bribery a criminal offence?
Some families are expected to get less than $100,000, while others will receive millions.
Sanctions for regulatory offences, particularly for larger corporates, set to increase substantially.
Michael Bowes QC, Richard Lissack QC, Ali Almihdar and Eleanor Davison were invited to take part in a global forum on corporate criminal liability on 23-24 March 2015.
Lessons on work-related fraud download
Spot the signs: 40% of fraudsters live beyond their means while 30% are known to be in financial difficulties. These and other insights in this Canadian report could help HR professionals combat fraud.
“Those opposed to the BBC on the grounds that it is too PC will see this as a further example to back their antipathy.”
The FCA’s new business plan reveals that financial crime is now one of its most important areas of focus.
Dishonest assistance in Jersey: trust company held liable to compensate victims of client who had defrauded them, even though that company did not carry out the frauds.
A “devastating blow” for access to justice: Court of Appeal rejects Law Society challenge over legal aid contracts
The Court of Appeal has rejected a challenge by the Law Society to Government plans that will cut criminal legal aid contracts for duty solicitors.
Shoosmiths’ John McKendrick gave the keynote address at an anti-bribery event at the recent Peruvian Congress in Lima.
Decision to terminate investigation into Julien Grout’s role in the London Whale affair upheld.
Three judges grant permission for full appeal for Rikko Marks on the grounds that complaints about his trial are ‘arguable’.
It’s unlikely that anyone has managed to avoid hearing about the ‘fracas’ which took place between Jeremy Clarkson and a BBC producer. Employers across the UK are regularly faced with similar unexpected incidents.
Federal Law No 40FZ on Amendments to Certain Legislative Acts of the Russian Federation of 8 March 2015 (the ‘Law’) enters into force on 20 March 2015.
A jury heard that Hayley Wilson, the wife of a drug gang boss, took some cash to her husband Karl in Jamaica, where he had fled as the police closed in.
The Ministry of Justice has now issued guidance on the procedure for the transfer up of possession orders.
Michael Hafen examines the implications of the new legislation for individuals and employers and suggests some steps that employers may consider taking to ensure their employees drive safely.
Legislation came into effect on 12 March 2015 providing for all maximum fines in the Magistrates’ Court of £5,000 or more to become unlimited in England and Wales.
Bates Wells Braithwaite act for The Sunday Times and its journalists in their largely successful appeal in the Cruddas cash for access case.
Williams v Leeds United FC – repudiatory breach of contract or: don't use your work email to send personal messages download
A cautionary tale for employees using their work email accounts to send personal messages.
A new breed of judicial review download
The Criminal Justice and Courts Act 2015 heralds a new phase in judicial review practice.
Outer Temple Chambers’ James Counsell and Ben Bradley (instructed by AO Advocates, Hammersmith) have recently appeared in a 10-day historic sex abuse trial.
Khaitan & Co successfully advised Mahindra First Choice Wheels Limited with respect to the criminal prosecution of seven directors.
Criminal legal aid changes on hold download
Government plans for huge cuts to the criminal legal aid system could be stopped in their tracks.
No5 Chambers’ Christopher Hotten QC has obtained a manslaughter conviction for a mother who killed her son by feeding him methadone.
Data Issues Roundup, February 2015: Visa to track smartphones, revenge porn, UK named worst for data breaches and more download
A look at data issues in the UK, Europe and worldwide.
Certain judicial review reforms reforms – that attracted fierce debate in Parliament and within the legal profession – have now received the Royal Assent. They will be significant to many and a concern to some.
No5 Chambers barrister Sharon Bahia was the prosecution junior in the trial of Simon Harris, a former British public school teacher found guilty of abuse.
Amendments to Israeli sanctions legislation, the new Sanctions Bureau and increasingly resolute policies towards Iran and other countries all warrant enhanced compliance efforts.
Can time spent ‘criminally’ squatting go towards time needed to establish adverse possession? download
Yes: the court has held that although a person squatting in a residential building is committing a criminal offence this does not prevent him relying on his criminal act when applying to register title on the basis of adverse possession.
The Court of Appeal (CoA) has granted permission for the Law Society to challenge a recent High Court decision over Government reforms to the criminal legal aid regime.
This complex and high-value multi-party commercial fraud dispute is due to come on for a four-month hearing before the Commercial Court in late 2016 or early 2017.
Nichola Peters, head of Addleshaw Goddard’s corporate crime and onvestigations practice, has been named as a leading individual in Who’s Who Legal: Investigations 2015.
Whistleblowers in the Swiss banking sector: legal hurdles to co-operating with foreign governments download
An overview of the main Swiss criminal law provisions that prohibit the theft and disclosure of banking information to foreign authorities or courts, and how they have been applied to whistleblowers in recent cases.
A retail employee who helped pursue a shoplifter, in violation of the employer’s workplace violence policy, could sue the employer and a supervisor in the courts for her injury.
Charities can now evaluate how well-protected they are against fraudsters by using an online tool.
Judge throws out ‘abusive’ civil action against Caroline Nokes.
Adrian Keeling QC and Matthew Brook from No5 Chambers prosecuted care home poisoning case
Harpreet Sandhu has prosecuted a man who has been jailed for nine years after he tried to rape his friend and dumped her unconscious body in a field.
The Ched Evans rape case has polarised opinion, so it’s time for some straight talking.
The case is of particular interest to those involved in the energy, commodities, shipping and transportation markets.
The National Labour Court has rejected an appeal against the Ashdod Port Company Ltd, represented by Herzog Fox and Neeman.
In the past few years the reporting of child sexual abuse has increased dramatically. In this context it is interesting to read research by the National Association for People Abused in Childhood.
The Law Society is taking its fight over Government cuts to criminal legal aid to the Court of Appeal after the High Court threw out a judicial review into criminal legal aid contracts.
Liability for a bribe? download
The news from the SFO is that it is looking to prosecute with renewed vigour and a significant number of prosecutions are imminent.
Karanovic & Nikolic associate Veton Qoku has held a presentation at an event organised by the American Chamber of Commerce (AmCham) in Macedonia.
Retired teacher Marcus Marcussen has been found guilty of 25 counts of indecent assault on boys.
Significant changes include the abolition of the Supreme Commercial Court and the formation of the Supreme Court.
This post examines Part 2 of Bill C-51, known as Canada’s Anti-terrorism Act, which would amend Canada’s approach to its ‘do-not-fly’ list.
Forgive us our trespasses download
Can you assume that criminal trespass will prevent squatters succeeding in a claim for adverse possession?
In this ‘Insider’ note, 11 Stone Buildings’ Peter Head examines the Court of Appeal’s decision in FHR European Ventures LLP v Mankarious and considers where we are now.
Three people have been sentenced to a total of 27 years in jail after class A drugs worth over £1m were found in Staffordshire.
Dentons Global Mobility Guide 2015 download
The ability to move skilled workers globally is essential to the success of the world economy and the companies that drive it.
Until recently the Serbian legal system has not paid much attention to protecting whistleblowers. However, it seems the situation is improving.
On 26 January 2015, two individuals entered pleas of not guilty to criminal cartel charges brought under the Enterprise Act 2002.
December 2014 saw the first three convictions in the Sustainable Growth Group case, involving the fraudulent selling and promotion of investment products based on green biofuel.
Lorand Shipping Ltd v Davof Trading (Africa) BV (Ocean Glory) is a rare example of a successful challenge to an arbitration award on the ground of serious irregularity under Section 68 of the Arbitration Act 1996.
The inquiry into the death of Alexander Litvinenko, the ex-Russian FSB officer allegedly poisoned by Polonium 210 in 2006, began on 27 January.
Bates Wells Braithwaite has released the Spring 2015 edition of its legal update for faith-based organisations.
A criminal trespasser can acquire title to land via adverse possession.
Police treatment of home owner accused of burglary was ‘totally unreasonable’ and ‘appears unlawful’, says firm.
The employment issues around employing individuals who have been convicted of a criminal offence.
Decisions over the past 12 months will provide considerable comfort to those concerned about exposure to clawback action.
This practice at HFN has strong experience in representing clients with all steps of criminal proceedings as well as complex legal matters.
Prohibition notices are serious enforcement measures that form part of the recipient’s criminal record and can be costl
Pyranha Mouldings Ltd has become the 10th company to be convicted in the UK under the Corporate Manslaughter and Corporate Homicide Act 2007.
The Government has announced that its new Food Crime Unit (the Unit) will be operational by the end of the year.
MPs are using the second reading of the Serious Crime Bill to call for changes to the Children and Young Person Act 1933.
Under the Data Protection Acts employers who force subject access requests now commit a criminal offence and there are increased notification obligations on data controllers.
Avon and its Chinese subsidiary paid $135m (£89m) to resolve an FCPA investigation with a deferred prosecution agreement, an SEC settlement, and a guilty plea by the subsidiary.
A recent article by Bloomberg alleges that BP got insider tips on the forex market from various banks.
Bindmans and Kingsley Napley are advising the Law Society and the London Criminal Courts Solicitors Association (LCCSA) on their application for judicial review of the new tender process for criminal legal aid contracts, which is in court today (15 January).
Deputy managing partner
Where fraud is suspected and evidence of dissipation of assets is available a UK freezing order can be a valuable tool in the claimant’s litigation armoury.
Will the new possession powers for ASB still allow orders against a tenant who is not the perpetrator? download
When seeking a possession order due to antisocial behaviour, landlords rely on discretionary ground 2 Housing Act 1985 or ground 14 Housing Act 1988, depending on the type of landlord.
No5 Chambers is supporting My Business Counsel’s corporate crime seminar, which takes place on 13 Jan 2015.
On 15 December 2014 the Financial Conduct Authority issued a final notice in respect of Jonathan Burrows, a managing director and ‘approved person’ in a well-known investment company.
Victim’s family backs Neil Hudgell Solicitors’ call for public inquiry into child abuse at Addenbrooke’s Hospital
The grandmother who brought paedophile doctor Myles Bradbury to justice when raising concerns over his conduct has backed Neil Hudgell Solicitors in calling for the government to order a ‘full public inquiry’ into how his abuse of seriously ill young boys went undetected for more than four years.
In Greenwich LBC v Tuitt Mrs Tuitt was a secure tenant of the local authority.
Renu Daly of Neil Hudgell Solicitors, who represents the victims of a paedophile doctor jailed for 22 years for abusing gravely ill young boys in his care, has called for a ‘full and independent inquiry’.
BWB Briefing for Charities and Social Enterprise — HM Treasury publishes response to 2014 call for evidence about credit unions; and more download
Bates Wells Braithwaite has released the 8 January 2015 issue of its BWB Briefing for Charities and Social Enterprises.
Data Issues Roundup — council warned after employee surveillance; T-Mobile to pay at least $90m to settle cramming case; and more download
Addleshaw Goddard has released the 5 January 2014 issue of its Data Issues Roundup.
How should employers address issues of misconduct at the office party?
UK retailers have been alerted to a proliferation of counterfeit alcohol — in particular fake vodka — that could cause serious illness.
The dawn of a new year brings promise of a fairer legal system for those wrongly accused of crimes.
Collyer Bristow’s Janine Alexander has been quoted on the Bloomberg website.
PwC’s Keith McCarthy sets out how, in his view, the Deferred Prosecution Agreement (DPA) practice within the UK might evolve and its practical impact for corporate clients.
The guys who play Santa at the mall get to shed their alter egos when the stores close and they go home. Not so lawyers.
Three Raymond Buildings represented victims of fraud who must now be reimbursed by the NCA.
No5 Chambers represents defendants in acid attack on a young woman case.
Vallance pleaded guilty to GBH and manslaughter, while Wiggins was found guilty of allowing the death of her child.
Serbia has adopted a Law on the Protection of Whistleblowers, its first that should provide effective protection to individuals who report suspicions of corruption.
Existing rules in the fight against money laundering and terrorist financing are updated.
Mr Justice Knowles has found that an HMRC officer made an unlawful arrest and that the subsequent detention thereby constituted false imprisonment.
Plans to strip police forces in England and Wales of powers to handle complaints against their own officers seem entirely sensible.
The recent judgment in the Longchamp case has overturned accepted industry thinking in how bunkers and crew wages are dealt with in a hijacking.
California’s Insurance Fraud Prevention Act: three unsettled issues the health sector should understand download
California’s Insurance Frauds Prevention Act, Ins. Code §§ 1871 et seq. (IFPA), is an unusual false claims statute.
On 2 December, Eversheds hosted its annual Food and Drink conference, which opened with a keynote speech by Adam Leyland, editor of The Grocer.
Versloot Dredging BV & Or v HDI Gerling Industrie Versicherung AG & Ors considered whether the entire claim is forfeit if an Insured relies on fraudulent means or devices in pursuing a claim.
A registration scheme for alcohol wholesalers, which comes into effect in January 2016, will also affect businesses purchasing from wholesalers.
Patrick Gibbs QC from Three Raymond Buildings represented Stuart Tribelnig.
An investigation is to be carried out into the causes of the bankruptcy of OW Bunker, the largest ship fuel supplier in the world.
DLA Piper presents its top five countdown of privacy and cyber predictions and trends and issues for 2015 including the ‘ripple effect’ — the impact of EU data protection regulation.
The High Court has held that local authorities who place children in foster care are not vicariously liable for acts of physical and sexual abuse committed by foster carers.
A man has been jailed after faking his own kidnapping to swindle ransom money from his ex-girlfriend.
The ‘If it would be illegal to say it on the street, it is illegal to say it online’ test can also be applied to anything posted on social media sites during the office Christmas party.
A Hamburg-based Bird & Bird lawyer, and a former partner from the same office, have been drawn into a corruption trial involving one of their clients.
A new law in Slovakia offers successful whistleblowers a bounty corresponding to 50 times the minimum wage.
Wolverhampton man has been found guilty of wounding with intent but cleared of attempted murder.
Four Gambian diplomats have been jailed for running a tax-free tobacconist from the embassy.
Sentencing hike for health and safety, corporate manslaughter or food safety and hygiene offences on the cards download
Proposed sentencing guidelines could have a dramatic impact on the level of fines imposed on businesses convicted of health and safety, corporate manslaughter or food safety and hygiene offences.
The Second Circuit has reversed convictions for insider trading and conspiracy to commit insider trading in an appeal following a six-week jury trial.
Video game piracy: levelling up download
Like all digital content industries, video gaming has been beset by piracy, and this article looks at some of the issues facing the sector.
As Christmas approaches, it’s the time of year where corporate gifts are showered upon the favoured.
Barristers from Three Raymond Buldings have represented two Bedfordshire police officers who have been cleared of misconduct in public office.
The Court of Appeal has allowed an appeal brought by the Crown Prosecution Service relating to the definition of prohibited firearm under the Firearms Act 1968.
The Hong Kong privacy commissioner for personal data (PCPD) announced last week that a former insurance agent has received a prison sentence in respect of offences under the Personal Data (Privacy) Ordinance.
On 3 December, Transparency International, the leading civil society organisation fighting corruption worldwide, released its 20th annual Corruption Perceptions Index (CPI).
According to IBM, 90 per cent of the world’s data was created in the past two years. The rise of ‘wearable technology’ will only serve to increase the levels of data collected.
The FCA has published a follow-up to its 2011 anti-money laundering review. The latest review looked at the responses of smaller banks to the findings of the earlier review.
Only 18 per cent of HR managers believe that domestic violence is a high priority for their business.
Addenbrooke’s Hospital must be held accountable for failing to prevent abuse of young boys at the hands of Dr Myles Bradbury.
How might the proposed new senior managers and certification regime for individuals have affected accountability for foreign exchange manipulation? download
Shakespeare’s often misquoted suggestion, ‘first kill all the lawyers’, still sells very successfully on mugs and T-shirts.
Helen Malcolm QC of Three Raymond Buildings has signed a letter to the Daily Telegraph calling on parliament to opt in to crucial EU criminal law measures.
No5 Chambers’ Michelle Heeley prosecuted in the case of Leon Harrison, 32, from Selly Oak, who has been jailed for life after stabbing his pregnant former partner eight times.
Employers are prohibited from requesting criminal background checks or clearances, except in specified, sensitive sectors.
Much will no doubt be written about the main provisions of the new Counter Terrorism and Security Bill.
Here is a cautionary true story including some practical advice on how to recognise an untrustworthy business partner at an early stage.
Philip Edey QC, Andrew Fulton and Sarah Tresman were instructed by Quinn Emanuel Urquhart & Sullivan UK.
Cambridgeshire children’s doctor Myles Bradbury has been sentenced to 22 years in prison, having admitted sexually abusing 18 boys in his care.
Section 56 of the Data Protection Act 1998, dormant since the DPA came into force, is expected to be implemented shortly.
Birmingham City Council is believed to have become the first local authority to use civil injunctions to protect vulnerable children who may be at risk of sexual exploitation.
UK: privacy and information law update — enforced subject access: a new criminal offence under the Data Protection Act 1998 download
Section 56 of the Data Protection Act 1998 (DPA), dormant since the DPA came into force, is expected to be implemented shortly.
Financial Regulatory Developments: CJEU finds against UK on bonuses; Treasury extends market abuse sunset clauses; Treasury publishes BRRD legislation; and more download
Dentons has released the 28 November 2014 issue of its Financial Regulatory Developments (FReD) publication.
In an era where price fixing and anti-competitive practices attract fines measured in billions, the disparity associated with sentencing for safety offences has never been more evident.
Your questions answered: absolute ground, not in the tenancy agreement, can we still use it? download
We want to obtain a closure order and then use the new absolute ground for possession under the ASBCPA 2014. Does the tenancy agreement have to state the new ground before we can do this?
Alan Rawley QC’s memorial service will be held at Temple Church on 3 December 2014 at 18:00.
A court has heard how Vikki Horsman, a nursing home worker, suffered from eight per cent burns after being doused with acid in an attack by Mohammed Rafiq.
Goodman Derrick has received recommendations in all of its core commercial practice areas from Chamber & Partners and The Legal 500 in their 2014 editions.
The report on the intelligence relating to the murder of Lee Rigby raises some complex privacy issues, says Paula Barrett, head of privacy at Eversheds.
Liz Fitzsimons, data privacy expert at Eversheds, has commented on reports of a cyber attack on Sony Pictures.
Workers who make protected disclosures gain extensive protection under the Protected Disclosures Act 2014, which came in to force in July of this year.
The arrival of the festive season is usually a time for merriment, but for employers it brings with it the challenges involved with sourcing additional staff to meet increased consumer demand.
An Ontario employee has been convicted of criminal mischief after sending a fake email to fellow employees, degrading another co-worker.
Forty-five per cent of financial services organisations have suffered economic crime during the survey period, compared with only 34 per cent across all other industries.
Barack Obama has announced a series of executive actions to crack down on illegal immigration at the border and prioritise deporting felons, not families.
Financial Regulatory Developments — ESAs consult on PRIIPs KIDs; FCA updates financial crime reviews; and more download
Dentons has released the 21 November 2014 issue of its Financial Regulatory Developments (FReD) publication.
InVest — November 2014: FSB publishes final report on foreign exchange benchmarks; and more download
Addleshaw Goddard has published this month’s round-up of developments affecting banks, wealth managers, brokers and funds.
Dentons considers one of the key aspects of the judge’s findings as between UBS and KWL.
The Sentencing Council has just opened a consultation on proposed draft guidelines for the sentencing of food safety and food hygiene offences.
The Sentencing Council has opened its 14-week public consultation on draft guidelines for corporate manslaughter and health and safety offences.
Opinion Release No. 14-02 raises questions about whether the DoJ is clarifying its stated view of how the FCPA applies to M&A transactions.
Financial crime controls download
The FCA has published the results of two reviews into how firms manage their financial crime risks, together with proposed guidance on financial crime systems and controls.
Government turns up the heat with the False Claims Act — five action steps for healthcare providers download
Forbes has dubbed 2014 ‘The Year of the Whistleblower’. For healthcare providers, this designation has translated into millions of dollars in fines.
Three football hooligans have been spared jail after being involved in in a brawl in Wolverhampton city centre. Ekwall Tiwana from No5 defended Craig Green.
Poland: crime of active corruption and commercial bribery as grounds for exclusion from public contracts award procedures download
Active corruption involves giving or promising to give material or personal benefit to a person performing public functions in connection with his/her public duties.
Dacheng’s Wu Ming has represented clients in an international trade dispute and an offshore anti-money laundering investigation in the UK.
The Gibraltar Court of Appeal (CoA) has handed down a judgment throwing out the Marrache’s brothers’ appeals against conviction and sentencing for fraud, ruling that judge Mr Justice Grigson acted correctly throughout the lengthy and “unique” case.
The Sentencing Council has begun a consultation on proposed guidelines for health and safety offences and food safety and hygiene offences.
Mark Dunster has been appointed Bâtonnier of the Guernsey Bar. A partner at Carey Olsen Guernsey, Dunster was elected by his fellow members of the Bar.
Paul Verrico, health and safety expert at Eversheds, has commented on the tough new health and safety fines proposed for UK businesses.
The banking litigation team has been named Law Firm of the Year by Mortgage Finance Gazette in recognition of its investment in its specialist legal expertise.
HMRC has doubled down on accountancy and law firms, issuing 1,502 disclosure notices in the last year for information on clients that are subject to criminal tax investigations.
Tom Schofield, criminal barrister at No5 Chambers, is defending in a Coventry kidnap trial.
Cyber security — blanket? download
Tim Ryan guides us through the cyber-security puzzle with five useful recommendations.
If you are a private landlord in Scotland, in general terms, you want every tenancy you have to be a short assured tenancy.
Few claims result in judgments as long as that handed down by Mr Justice Males in the litigation between UBS, KWL, Depfa Bank and LBBW.
An Illinois business owner has been taken into custody after his business failed to correct serious trenching hazards and pay OHSA penalties.
Kennedys will continue to sponsor the Kop stand at Sheffield United Football Club (SUFC) despite the controversy surrounding convicted rapist Chedwyn Evans’ return to training, a spokesperson for the firm has confirmed.
Michael Burrows QC of No5 Chambers has prosecuted a gang of men who kidnapped and threatened to kill Stefanos Neophytou (who owns Libra Sauna Club).
Outer Temple’s John McKendrick gave a presentation to members of the Association of Certified Fraud Examiners in Mexico City on 10 November 2014.
IBB’s charity law team has published new ‘Tweet Sheets’ for the 2014 Trustees Week campaign. This campaign will be running from 10–16 November.
Financial Regulatory Developments — EIOPA consults on product governance; ECB takes over banking supervision; and more download
Dentons has released the 7 November 2014 issue of its Financial Regulatory Developments (FReD) publication.
Members of 20 Essex Street have expertise in cases involving civil fraud and asset tracing, especially those with an international element.
20 Essex Street advises on all types of commercial disputes and has expertise in disputes with an international dimension.
Helen Malcolm QC of Three Raymond Buildings has signed a letter to the Daily Telegraph calling on Parliament to opt into crucial EU criminal law measures.
Dealing with today’s cyber threat isn’t simply a question of reviewing your security systems.
Sam Karim of Kings Chambers will be speaking at the 10th EHFCN Conference in Athens on 7 November.
InVest — government consults on fair and effective markets review recommendations; and more download
InVest features a round-up of developments affecting banks, wealth managers, brokers and funds.
Leveson has made only limited progress in ensuring victims of the press are protected and that they can easily seek redress for wrongdoing when it occurs.
This note focuses on two aspects of the new rules that have attracted the most vocal criticism.
Ben Compton QC and Robert Dickason of Outer Temple Chambers have secured the acquittal of their client from the Sterecycle corporate manslaughter prosecution.
Edward Clougher, 41, has pleaded guilty to wounding with intent after attacking his neighbour with a machete. Phil Bradley and Graham Henson defended.
John Butterfield QC from No5 Chambers defended the right of journalists to pay whistleblowers for stories in the public interest on 31 October 2014.
DLA Piper’s financial services international regulatory explores the news and legal developments that have affected the industry over the last month.
A High Court judge has granted short-term injunctions against five men, which ban them from approaching any female under 18 in public places.
Recent figures showed a steep rise in the number and percentage of successful appeals against the actual investigation of complaints by the police themselves.
John Milner, head of business crime and fraud at IBB Solicitors, has commented on the £260m Tesco profit error in The Times.
According to a Toronto Police news release, a Ministry of Labour inspector has been arrested and charged with extortion.
MPs have been warned that a new law aimed at ensuring transparency surrounding the ownership of companies is likely to be easily circumvented by criminals.
The House of Lords has just passed several very significant amendments to the draft legislation.
What can and should an organisation do if they are persistently being targeted by a particular opponent online or offline?
Freshfields Bruckhaus Deringer has been retained by Tesco in the wake of the Serious Fraud Office’s (SFO) announcement that it had opened an investigation into accounting practices at the supermarket giant.
This is the sixth such forum hosted by Dacheng’s Professional Committee of Criminal Defense.
In September 2014, Ma Jun, head of Dacheng’s Taiyuan criminal defence practice, was retained as defence lawyer for a man surnamed Cai.
A welcome step forward in the approach being adopted by banks to prevent money laundering and terrorist financing.
A study published recently by PwC looking at the global state of information security shows that many organisations lack both clear leadership and strategies for tackling the security threats they face.
The UK Bribery Act has been in force for almost a year. The difficulties facing companies wishing to implement a robust response to the act should not be underestimated.
The Divisional Court has handed down its decision in Galiazia v Governor of HMP Hewell and another. Ian Brownhill was junior counsel for Galiazia.
Recruitment and rehabilitation download
Would be right or wrong for a football club to re-employ one of its players who has now been released from prison?
‘Turning the tables on the stalkers’ will focus on the implications for service providers and the effectiveness of current legislation and policing.
No5 Chambers barrister Richard Gibbs has been elected to the 2015 Bar Council for a three-year term.
US & The Americas: guidance for companies developing and implementing antitrust compliance programmes download
Recent policy statements by the DoJ highlight the factors companies should consider when developing and implementing antitrust compliance programmes.
Justice secretary Chris Grayling has outlined government proposals to quadruple the current six-month sentence for people found guilty of internet trolling.
The prime minister has indicated that stronger powers will be offered to the charity watchdog, along with £8m in extra funding, to tackle bogus good causes.
The Bribery Act represented a significant change to UK law. Are you confident that your bribery risks have been identified and adequately addressed?
The UK Supreme Court has published its final decision in the North East Property Buyers litigation case, in which Walker Morris represented one of the lenders.
The Serious Fraud Office (SFO) has requested an urgent cash injection of £26.5m – 75 per cent above its core budget – in order to pursue its high-profile fraud investigations and pay out compensation to the Tchenguiz brothers.
Gerry Bermingham, a criminal law barrister from No5 Chambers, has appeared on BBC Hereford & Worcester to discuss the Oscar Pistorius sentencing.
Individuals and businesses need to begin assessing the risk of their data being misused, not by the person they’re sending images to but by hackers who may attempt to steal their data.
The decision in Cartier International & others v B Sky B Ltd & others marks the first website blocking order awarded to a brand owner.
A series of investigations and arrests over the past 18 months have raised many questions as to whether the current legal system works as it should in the UK.
An article written by Collyer Bristow partner Robin Henry on the issue of the mis-selling of interest rate hedging products has been published by Accountancy Age.
Claims for ISDAfix manipulation download
Investigations into possible ISDAfix manipulation have been under way for some time now in the UK and the US.
Data breaches are personal download
The recent hacking of celebrity images and those belonging to Snapchat users show that individuals are not immune to targeted cyber attacks.
The Verkhovna Rada of Ukraine has adopted a set of laws designed to create a legislative framework to fight corruption and money laundering in Ukraine.
The Legal 500 has recommended Outer Temple Chambers as a top-tier set in business and regulatory crime.
Neil Hudgell Solicitors is acting for a magistrate who was suspended from duty for seven months after being given a police warning notice for alleged harassment.
Shanghai-based attorney Cai Chang and Beijing-based Li Songmei have represented a client engaged in cross-border e-commerce in an ordinary goods smuggling case.
Neill Blundell, partner and head of fraud at Eversheds, has commented on news that a China rail official has been given a death sentence for corruption.
Financial Regulatory Developments — ESAs publish joint work programme; ESMA speaks on PRIIPs and MiFID 2; and more download
Dentons has released the 17 October 2014 issue of its Financial Regulatory Developments (FReD) publication.
King & Capital partner Wu Liwei has been quoted by the Los Angeles Times regarding celebrities and drug use.
Steve Johnson, who admitted two charges of doing an act likely to endanger an aircraft, has been jailed for a year. He was defended by No5’s Harpreet Sandhu.
The Safeguarding Adults Return showed that around 104,000 elderly or vulnerable people suffered abusive treatment in care homes or their own homes last year.
A new guide produced by DLA Piper, pro bono client Hollaback! and the Thomson Reuters Foundation offers the first-ever global legal resource on street harassment.
Data Issues Roundup — ICO issues new code of practice; ‘revenge porn’ to become offence; and more download
Addleshaw Goddard has released the 16 October 2014 issue of its Data Issues Roundup, which provides a weekly round-up of data issues.
The Supreme Court decision in FHR European Ventures LLP & Ors v Cedar Capital Partners LLC provides a reminder that bribery also gives rise to civil claims.
Dacheng’s Wang Yong has successfully defended a man named Zhang, who had a charge filed against him of illegally absorbing public deposit.
Beware of tax phishing scams download
Fake emails purporting to emanate from the CRA are informing the recipient that he/she has received an Interac email money transfer (i.e. a surprise refund).
Outer Temple Chambers has been instructed by the Environment Agency in an enforcement action taken against three companies, their directors and managers.
Human rights organisation Liberty has suggested that some police forces are holding suspects on pre-charge bail for extended and indefinite lengths of time.
Insider trading tightened up download
By judgment no. 15224 rendered on 3 July 2014, the Supreme Court has extended the boundaries of the prohibition on insider trading.
7KBW’s Christopher Butcher QC has appeared for the appellants in Blue Holdings (1) Pte Ltd, Blue Holdings (2) Ltd v United States of America.
The law of 14 December 2005 provided in the obligation to convert the bearer securities into dematerialised securities or registered securities by no later than 31 December 2013.
Gibraltar’s Marrache case has been staggeringly expensive and bitterly disruptive, embroiling government and financial authorities in the scandal. Will the jurisdiction emerge stronger as a result?
Pillsbury has assembled a new team to help clients with their global security strategy and compliance needs.
No5 Chambers’ Richard Gibbs has defended a woman from Coventry who has been jailed from tricking pensioners into handing over their bank cards in a scam.
Andrew Petherbridge, associate of Chartered Institute of Legal Executives at Neil Hudgell Solicitors, talks about the damage that can be caused by being wrongly accused.
Whether you are a property developer or a retailer, your business and trading practices are governed by the Consumer Protection from Unfair Trading Regulations.
In a new book published by Harvard University Press, Hate Crimes in Cyber Space, Prof Danielle Citron lays her prescription for tackling the ‘awful internet’.
Following the insolvency of Comet and recent tribunal litigation, the potential repercussions are now even more serious for insolvency practitioners who get it wrong.
Banks launch fresh cybercrime drive download
Financial Fraud Action UK has published figures showing that internet and telephone banking fraud increased 59 per cent to £35.9m during the first six months of 2014.
DLA Piper has recruited Mark Riera as a litigation partner in its Los Angeles office. Riera is a trial and appellate lawyer with experience in a range of industries.
The ACCC is currently conducting 10 in-depth investigations into cartel matters involving both local and international conduct.
Current trends show that more and more US lawyers and compliance personnel will find that their work increasingly concentrates on cross-border or foreign conduct.
The newly-formed Competition & Markets Authority (CMA) is looking to hire a director of criminal enforcement as part of three new director roles aimed at beefing up its ability to crack down on cartels.
Only when somebody finds themselves the unfortunate victim of a serious crime or major injustice do they become fully aware of how the law works in the UK.
The Serious Fraud Office (SFO) has enlisted Three Raymond Buildings’ Simon Farrell QC and Rachel Scott for its court case against French train giant Alstom, which it accused of paying around $8m (£5m) in bribes to officials over a six-year period.
Video: male child abuse victims download
In this video, Malcolm Underhill, child abuse solicitor at IBB Solicitors, interviews Chris Anderson, executive director of MaleSurvivor.
A new weapon in the government’s armoury in the international fight against corruption in the oil and gas industry was unveiled last month.
The international fight against bribery and corruption has received further support from the UK courts this summer.
Walker Morris’s Andrew Northage has been shortlisted for the ‘Best Regulatory Lawyer of the Year’ award in the Thomson Reuters 10th Annual Compliance Awards.
Patrick Sadd of Outer Temple Chambers has quizzed a former resident of a Jersey girls’ home as part of the Independent Jersey Care Inquiry.
One positive that has come out of the recent wave of uncomfortably private photos being brandished is that not everyone wants to look at them.
The Court of Appeal has quashed a judicial review of the new rating system for criminal barristers introduced by the Legal Services Board (LSB), bringing an end to the contentious fight against the scheme.
Public access work for the young Bar download
This article offers an insight to how barristers, especially young barristers willing to embrace change, can help their future while continuing to work with solicitors.
Christopher Hotten QC from No5 Chambers, prosecuting, said that significant force had been applied to the neck that killed Corporal NcNeil.
Rhory Robertson of Collyer Bristow’s cyber investigation unit has been interviewed on LBC following sentencing of the Twitter ‘troll’ found guilty of threatening MP Stella Creasy.
Insolvency litigation briefing — directors will be responsible for breaches of accounting practice; and more download
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases and issues affecting the insolvency and fraud investigation industry.
The real threat from a data breach is not the incident itself, but the lasting damage it can cause to your reputation.
The Privy Council has confirmed that an injunction restraining a bank from paying under a letter of credit on the basis of fraud will only be justified in extraordinary circumstances.
A recent decision considered what offences should be disclosed in a DBS check. Caraline Johnson explores what this might mean for charities and social enterprises working with children and vulnerable adults.
Rupert Earle and Mark Scodie explain the limits of freedom of expression, given that the circulation of untrue information may distort the electoral process.
In various courts, convicted criminals may face the possibility of a confiscation order being made against them so as to prevent them from benefitting from their crimes.
A comparison of limitation/prescription periods in the BVI, the Cayman Islands, Guernsey and Jersey download
In this briefing, Mourant Ozannes provides a comparison of the applicable limitation/prescription periods in the BVI, the Cayman Islands, Guernsey and Jersey.
Various changes to intellectual property law will come into force on 1 October 2014.
Addleshaw Goddard has announced a new leadership role for litigation partner Mark Hastings, who has been appointed head of fraud, regulatory and corporate crime.
In May 2012, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (also known as LASPO) came into force.
Recent revelations about events in Rotherham have provoked widespread outrage and disgust, from all aspects of society.
Companies that keep a clean house in the gifts/meals/entertainment/travel part of the FCPA statute stand a better chance of forestalling big problems elsewhere in the statute’s danger zones.
DLA Piper highlights four key challenges and related ‘cures’ for dealing with one particularly perplexing group — distributors.
The issue of so-called facilitation payments and other small bribes is a thorn in the side of many international businesses.
Charitable contributions and the FCPA — six simple steps to help ensure your company is giving responsibly download
Many companies seek to give back to the communities in which they conduct business. But when the charitable giving takes place outside the US, this practice may raise concerns.
Companies can expect an increase in creative and complex qui tam cases, with the DoJ lending its substantial resources to the growing plaintiffs’ bar.
ICSID tribunal refuses to allow state to recommence criminal investigation that would disrupt arbitration proceedings download
The tribunal would not allow the arbitration process to be derailed by resumption of a criminal investigation into matters closely related to the arbitration process.
Ilyashev & Partners is an official partner of the 2nd Annual Forum of In-House Counsel, which will be held on 23 October 2014.
Cybercrime is one of the fastest-growing criminal activities on the planet. It covers a huge range of illegal activity including financial scams and computer hacking.
Solicitors carrying on consumer credit activities from 1 April 2014 without permission of the FCA will be committing a criminal offence and a breach of FCA regulations.
Confiscation: trials and tribulations — written by Mr Jonathan Ashley-Norman and Mr Nicholas Yeo download
In its recent report on the effectiveness of confiscation orders, the National Audit Office exposed the differential between the plan and its execution.
Financial Regulatory Developments — Commission plans Level 2 programme; FCA publishes mobile payments review; and more download
Dentons has published the 19 September 2014 issue of its Financial Regulatory Developments (FReD) publication.
Financial pay-outs will never fully compensate people for damage caused by wrongful arrests download
Imagine the situation: despite being innocent, you are arrested by police, told anything you say could be used against you in evidence and you are locked in a cell.
The Criminal Justice and Courts Bill, which introduces significant changes to judicial review, is making rapid progress through Parliament.
This article examines certain key points of the new Competition and Consumer Protection Act 2014, which will come into force on 31 October 2014.
Who owns a bribe? download
Where an agent receives a bribe or secret commission in breach of the duties they owe their principal, who does it belong to?
Kathryn Keneally is joining DLA Piper’s global tax practice as chair of its civil and criminal tax litigation group. She arrives in October as partner in the New York office.
Victims of ‘smaller high-volume’ offences are increasingly being asked to carry out their own ‘DIY’ investigations by police forces across the UK, a report has claimed.
Wu Liwei, partner at King & Capital, has commented on the recent arrest of Jackie Chan’s son.
Jeremy Wright, the attorney-general, has confirmed that the government is considering the creation of an offence of corporate failure to prevent economic crime.
Tough new legislation to tackle anti-social behaviour gives housing associations greater powers, says Winckworth Sherwood’s Ausilia Matraxia.
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King & Capital’s criminal department consists of flexible and accomplished practitioners from a wide range of backgrounds.
WesPay has announced that Pillsbury partner Deborah S Thoren-Peden is the recipient of the Frank E Zima Award for Payments Advocacy.
The Conveyancing Association is urging the government to update the Consumer Rights Bill to stop rogue managing agents from delaying the sales of leasehold properties.
No5 Chambers’ Earl Pinnock has defended in a case that resulted in Luke Burton, 31, and Amelia Horn, 24, being jailed after blackmailing two professional men.
Corporate Insurance Trends 2014 is a collection of articles highlighting some trends and key issues for financial lines insurers and their insureds in 2014.
Chris Grayling is to introduce new rules guaranteeing victims of crime the legal right to tell a court how their lives have been affected, enshrining in law a ‘victims’ code’.
Although advances in technology should be utilised to their maximum potential, wherever possible, it cannot be relied upon alone, says Andrew Petherbridge.
Karl Buch has joined DLA Piper’s litigation practice as a partner in New York. Buch joins DLA Piper from Pfizer where he was assistant general counsel.
The inquest touching the death of Jacintha Saldanha ended on Friday. Three Raymond Buildings (3RB) barrister Sarah Le Fevre appeared for the Metropolitan Police Service.
Southend-On-Sea Borough Council v Armour is a tenancy repossession case in which the tenant invoked a successful article 8 defence.
On 16 July 2014, Luxembourg adopted the law concerning the compulsory deposit and immobilisation of shares and units in bearer form.
Gerry Bermingham, a member of the No5 Chambers criminal law group, appeared on BBC Radio WM on 12 September to discuss the Ocsar Pistorius trial.
A former detective chief inspector in the Ministry of Defence Police has been acquitted of 30 counts of fraud after a four-week trial at Chelmsford Crown Court.
Malcolm Underhill, child abuse solicitor at IBB Solicitors, interviews Peter Saunders, CEO of the National Association of People Abused in Childhood.
The SEC has announced a mass action against 34 defendants for alleged violations of federal securities laws regarding reporting of stock holdings.
Eversheds has appointed Polly Sprenger as of-counsel to its fraud and investigations team.
India presents significant business opportunities. However, those doing business within India have often complained about the perception of a culture of bribery and corruption.
In the final part of this series, Richard Gibbs writes that the criminal justice system is predicated on finding the fairest way of dealing with juveniles.
Marco Santori, a leading authority on Bitcoin and digital currency, has joined as a counsel in Pillsbury’s intellectual property practice in New York.
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A 19-year-old has pleaded guilty to second-degree murder after he stabbed to death a youth worker at a supported independent living facility in Alberta in 2012.
Protecting the bank’s position when customers fall hook, (on)line and sinker for vishing frauds download
As fraud continues to cost the UK economy billions each year, bank customers are now looking to the banks to cover their losses. What steps should banks take to defend themselves?
In July 2014, the House of Lords Communications Committee published a report to inform and stimulate discussion on how the law should respond to offences committed using social media.
The goal of environmental legislation in Canada is to balance environmental protection with the socio-economic benefits of industrial and technological development.
Financial regulatory developments — FCA fines Deutsche Bank for transaction reporting failures; FCA publishes PPI update; and more download
Dentons has released the 5 August 2014 issue of its Financial Regulatory Developments (FReD) publication.
Justice for victims of CS gas attack download
The case currently attracting media attention is that of the UK Uncut protestors, who were unlawfully sprayed with CS gas by PC James Kiddie.
Drug and alcohol testing in the workplace can be problematic for employers. The recent case of Kuehne+Nagel Ltd v Cosgrove considered the issue.
Prof Chris Elliot’s final report into food authenticity has called for a ‘robust, effective’ Food Crime Unit to protect the industry and consumers from criminal activity.
Ilyashev has commented on the Circuit Administrative Court’s termination of an attempted illegal takeover of Antonov by an official appointed by Viktor Yanukovych.
The IPCC says its investigations into deaths during or following police contact have helped to reduce the number of fatalities.
Rhory Robertson, partner at Collyer Bristow, has been quoted in The Telegraph, commenting on the ‘match-fixing’ scandal.
Multinational investors must be keenly aware of the potential implications of their dealings in China under the Anti-Monopoly Law 2008.
Collins J refuses permission for judicial review and rules that the legislation is badly drafted and contains a lacuna.
Brian Dean has defended Joanne Morris, 48, of Bloxwich, who has been jailed for seven years after admitting five charges under the Explosives Act.
In the third of this four-part series, Richard Gibbs writes that the criminal justice system is predicated on finding the fairest way of dealing with juveniles.
Our specialists steer clients through the complex and dynamic area of competition and EU law, wherever they are located.
DLA Piper has announced that Savaria Harris has joined the firm’s litigation practice as a partner based in New York. She will also practice in Washington DC.
Bribery under the spotlight download
Bribery comes in many different forms and some are more easy to recognise than others.
Barristers from No5 Chambers have defended in a trial that saw six men given jail sentences after kidnapping a man and subjecting him to torture in Kidderminster.
Barrister Patrick Sadd of Outer Temple Chambers (OTC) has been interviewed by BBC Radio 4 on the Rotherham abuse scandal.
No5 Chambers’ Michael Duck QC has prosecuted in a case where two ringleaders of a large-scale drugs operation each gained about £1m from the enterprise.
Boyanov & Co has developed a successful practice in virtually all areas of competition law, including merger control, antitrust, state aid and unfair competition proceedings.
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Barrister Tom Schofield has defended in a case where four Birmingham drug dealers were jailed for a total of 46 years for plotting to supply Class A drugs worth £1.5m.
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Insolvency litigation update — disclosure of documents can be justified if litigant engages in strategy of concealment; and more download
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases affecting the insolvency and fraud investigation industry.
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Dentons highlights lessons that can be learned from the Humphrey case and provides advice for navigating the risks associated with internal investigations in China.
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Our accountants, lawyers, former regulators, computer forensic specialists, engineers and other experts can help to investigate, analyse and resolve potential crises.
PwC’s head of investigations looks at the results of the seventh Global Economic Crime Survey and assesses how fraud in the UK has changed over the last few years.
Mark Anderson, Will Kenyon and Lynne Rainey discuss how public record research and forensic accounting expertise can help clients trace and recover assets.
PwC looks at the results of its seventh Global Economic Crime Survey and assesses how fraud in the UK has changed over the last few years.
No5’s Richard Gibbs co-presents the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences.
This judgment considers the iniquity exception to legal professional privilege and the point at which a client conducts himself so dishonestly that the advice given is in furtherance of a fraud.
It’s all too easy to hijack a company or LLP. If you want to minimise the risk of a fraudster targeting and damaging your business, you need to PROOF it.
The Independent Jersey Care Inquiry has heard from its first witnesses to have been through the island’s care system.
Financial Regulatory Developments: Office for Science to examine FinTech; FCA publishes credit application checklists; and more download
Dentons has released the 22 August 2014 issue of its Financial Regulatory Developments (FReD) publication.
No5’s Richard Gibbs co-presents the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences.
Mohammed Zaman QC, a silk with commercial and international expertise, has joined the commercial and international groups at No5 Chambers.
Shoosmiths looks at the legal implications of employees lying about their qualifications and how employers can guard against being misled.
One area of our expertise lies in CICA criminal injuries where we offer assistance to victims of crime.
DLA Piper has announced that Jonathan Haray has joined the firm’s litigation practice as a partner in the Washington DC office.
No5’s Simon Hunka has represented David Blood, 48, who has been sentenced to eight months in custody after pleading guilty to escaping lawful custody.
Simon Hunka of No5 Chambers prosecuted in the case of Dawn Huckerby, 45, who has been jailed for 12 months.
Media boutique Michael Simkins and City-based BCL Burton Copeland have been brought in to represent Sir Cliff Richard following a police raid on the star’s home last Thursday (14 August).
Tom Schofield of No5 Chambers has prosecuted Carl Berry, 51, and Baldev Deshi, 47, both from Langley, who have been found guilty of producing cannabis.
No5 Chambers’ Michael Burrows QC has secured the conviction of Patryk Srutkowski, 22, and Pawel Bugajski, 22.
No5’s Adrian Keeling has defended Anthony France, 41, from Watford, who is facing charges of conspiracy to commit misconduct in public office.
Understanding Forex manipulation download
Stephen Critchley and Robert Andrews describe what the alleged manipulation is; who may have suffered from it; and the ongoing investigations into it.
Dacheng attorneys Zhang Zhiyong and Zhang Liwen have won a two-year reprieve for a man convicted of financial fraud and sentenced to the death penalty.
Dacheng attorneys have defended the innocence of a client accused of embezzling more than RMB100m of funds.
In 2013, 41 per cent of small firms fell prey to cyber criminals, with another 10 per cent hit by online fraud and 20 per cent affected by a computer virus.
Higher education providers are becoming increasingly popular targets for cyber attacks.
The High Court has ruled that a squatter can take legal title to a property even though he had occupied it unlawfully since squatting in residential premises was made a criminal offence.
Kevin Baumber recently represented PC Saheena Tegally.
Can the Community Trigger procedure be summarised under the Anti-social Behaviour Crime and Policing Act 2014? download
Anti-social behaviour (ASB) is something that can affect a whole community — it should therefore involve community effort.
Outer Temple Chambers barrister Patrick Sadd has won damages of £350,000 for a claimant who was abused as a child.
The New York Times recently reported that an organised Russian criminal group stole approximately 1.2 billion username and password credentials.
Austria: rules for voluntary disclosure in criminal tax matters are expected to be tightened download
Austrian tax law enables taxpayers to avoid criminal tax sanctions or penalties in case of fiscal offences by submitting a voluntary disclosure.
Adam Aldred, formerly of Addleshaw Goddard, has accepted an invitation to join Kings Chambers.
Our white-collar crime team defends individuals and companies in complex criminal matters and represents victims of frauds and other wrongdoings in asset-tracing cases before criminal law authorities.
Ilyashev & Partners has said that the Ministry of Industrial Policy illegally appointing a new interim CEO of Antonov is ‘absolutely and totally illegal’.
DLA Piper has announced that David J Brummond has joined the firm’s insurance and reinsurance practice as of-counsel in the Washington DC office.
Police ordered to pay Human Rights Act damages for failure to conduct an adequate investigation into allegations of rape download
Katarina Sydow examines the High Court’s decision to award Human Rights Act damages in respect of an inadequate police investigation following allegations of rape.
Richard Gibbs’ client has been acquitted in a case where the defendant and two others where charged with a £1.7m conspiracy to evade tax on the importation of tobacco.
David Mason QC, Gary Bell QC and Phil Bradley from No5 Chambers are defending in a kidnap conspiracy case at Worcester Crown Court.
The Intermediate People’s Court of Yuxi, Yunnan province, recently amended the court of first-instance judgment by Jiangchuan People’s Court against Wang Lifen.
Dacheng attorney Jiang Min has acted for a man named Xiong, who was accused of trafficking and transporting 6,890g of drugs.
Dacheng’s Xiamen-based Zhang Haiyong has been retained as defence lawyer for Li, the legal representative of a Xiamen-based industrial company.
Kazakhstan — law and practice download
Kazakhstan is a unitary state, and every piece of legislation adopted by relevant bodies of the state applies within its entire territory.
Umbrella pricing download
This article examines the availability of ‘umbrella pricing’ theories to claimants seeking compensation for damages from cartel members in civil damage actions.
The government has recently announced that it will remove the £5,000 upper limit on fines imposed in the magistrates’ courts.
Laura Davidson acts for successful local authority in COP case ousting abusive live-in carers from an elderly woman’s home download
London Borough of Redbridge v G, C and F was initially brought under the inherent jurisdiction due to concerns that C and F were unduly influencing G.
As part of a crackdown aimed at reducing the number of deaths caused by calling or texting while driving, drivers involved in crashes will have their mobile phones seized.
Insolvency litigation briefing — July 2014: report and review on the latest cases and issues download
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases and issues affecting the insolvency and fraud investigation industry.
No5 Chambers’ Sarah Buckingham has prosecuted Marcus Marcussen, 91, of Rochford, Worcestershire.
Captain Simon Dack MBE has been acquitted of corruption and money laundering, arising out of his time as quartermaster at RM Poole.
Employers have a duty to prevent illegal working and are obliged to carry out prescribed document checks on individuals before they commence work.
The US House of Representatives has passed HR 3696, the National Cybersecurity and Critical Infrastructure Protection Act.
Michael Duck QC of No5 Chambers has defended Alan Marks, 65, of Shottery, who has been found guilty of dangerous driving.
This case will remain relevant when assessing whether any future legislation regarding the disclosure of historic cautions or warnings breaches the right to private life.
Most businesses are now aware that all breaches of health and safety legislation are treated extremely seriously by the courts.
InVest — July 2014: round-up of developments affecting banks, wealth managers, brokers and funds download
Addleshaw Goddard has released the July 2014 issue of its InVest publication.
7KBW has announced that Clive Freedman QC (formerly of Littleton Chambers, Temple) will be joining Chambers with effect from 18 August 2014.
The chairman of the FCC has suggested that the private sector should take responsibility and accountability for managing cyber threats and risks.
The latest Risk Tip from Dentons involves pickpocket awareness, drawing from James Coburn flick Harry in Your Pocket.
No5 Chambers has announced that associate tenant Jeremy Wright MP has been appointed to the post of attorney-general.
ESMA has published two consultation documents to gather comments from market actors on the technical advice ESMA is to give to the European Commission.
Patrick Sadd and Harriet Jerram from Outer Temple Chambers (OTC) are acting as co-counsel to the Independent Jersey Care Inquiry.
Jas Mann has defended Kevin Powell, 48, from Bilston, who has been found guilty of four charges of indecent assault relating back to when he was 12 years old.
Corporate liability: the Italian Supreme Court extends the scope of application of Legislative Decree No. 231/2001 download
The Italian Supreme Court has reconsidered the possibility of applying Legislative Decree No. 231/2001 to the so-called target offences of a criminal organisation.
In a move widely seen as inevitable, the NYDFS has released draft regulations for the establishment of a ‘BitLicense’ to govern virtual currency financial services.
Michael Anning of No5 Chambers has defended Jack Phillips, who has admitted robbery and possessing a firearm and has been spared jail.
Competition regulators maintain vigilance on combating cartels and facilitating a healthy global business environment download
Regulators around the world remain focused on the impact of cartels on business, and the Australian Competition and Consumer Commission is no exception.
A recent decision suggests that laypersons may assess whether a person is impaired from drugs or alcohol, and their assessment will be considered in legal proceedings.
Richard Gibbs from No5 Chambers is defending one of three defendants charged as part of a £1.6m conspiracy to evade tax on the importation of tobacco.
Bribe and prejudice — Supreme Court decision on bribes or secret commissions received by fiduciaries download
The Supreme Court’s recent judgment clarifies the treatment of bribes or secret commissions received by agents or those in fiduciary positions.
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Squatters’ rights — does crime pay? download
The High Court has recently held that an adverse possession claim can be based on criminal trespass.
The rapid rise in shipping container traffic in sub-Saharan Africa over the past two decades underlines the lucrative opportunities for businesses on the continent.
Grey practices tend to fuel fraud and corruption that can pose serious legal, commercial and reputational risks to companies that are not alert to the dangers.
Latin American ports have received their fair share of bad press in recent years.
Bill of law no. 6625, which will substantially change the legal regime applicable to bearer shares issued by a Luxembourg company, was adopted on 16 July 2014.
No5 Chambers barrister Paul Marshall recently moderated at IBC Legal’s recent forum on anti-money laundering and compliance.
Stephenson Harwood has welcomed the ruling of the General Court of the European Union that EU sanctions against National Iranian Tanker Company (NITC) are unlawful.
Our lawyers represent clients in claims relating to interest rate swaps and collars and other financial products, misrepresentation, breach of contract, negligence and fraud.
Antitrust and competition enforcement is changing fast: our report for multinationals from three global conferences download
The world of antitrust/competition enforcement is changing more rapidly than ever. This evolving environment presents new challenges for companies.
The Bribery Act 2010 has now been in force for three years. There have as yet been no corporate prosecutions brought under the act.
In this video, Malcolm Underhill, a partner and child abuse solicitor at IBB Solicitors, speaks to Chris Anderson, executive director of MaleSurvivor.org.
The US Supreme Court has agreed to hear an appeal by plaintiffs whose antitrust claims over LIBOR manipulation were dismissed last year.
Execution of search and seizure warrants in criminal matters in respect of electronic data held by persons bound by secrecy rules download
Such measures are not only questionable from the perspective of criminal procedural rules, but also raise serious concerns from a professional secrecy point of view.
DLA Piper white-collar corporate crime partner Jo Rickards, who represented former News of the World (NotW) editor Andy Coulson in the recent phone-hacking trial, is leaving the firm to join Kingsley Napley.
Serious Fraud Office director David Green QC has proposed a number of changes to the UK Bribery Act.
Financial Regulatory Developments (FReD): EBA consults on resolution plans; Treasury publishes AML advisory; and more download
Dentons has released the 11 July 2014 issue of its Financial Regulatory Developments (FReD) publication.
Walker Morris looks at the immigration changes and what employers need to know.
Video: diagnosing bribery risk download
PwC Fraud Academy chairman John Tracey is joined by fellow partner Will Kenyon and Robert Barrington of Transparency International to discuss bribery risk assessment.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
Three brothers who ran one of Gibraltar’s largest law firms were jailed last week for fraud, four years after their firm, Marrache & Co, was put into liquidation.
DLA Piper has announced that Kevin Finger and Jeffrey Torosian will join the firm’s litigation practice as partners in the Chicago office.
The government has recently announced that it will remove the £5,000 upper limit on fines imposed in the magistrates’ courts.
The new UK environmental penalties will make companies nervous of retrospective action, according to Paul Verrico, principal associate at Eversheds.
Anecdotal evidence from our clients suggests supplier mandate fraud remains a common method to fraudulently extract money from companies.
Head of IP and litigation
Head of financial regulatory
DLA Piper, along with FTI Consulting, has supported new guidance for companies on countering small bribes published by Transparency International UK.
Scarcely a day goes by without there being a report of someone being cyber bullied. Incidences are not limited to celebrities but can, and do, affect anyone and everyone.
Arbitrator may order change to hours, location of doctor who sexually harassed hospital nurse download
Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse and under what conditions.
Disclosure of spent convictions download
The Supreme Court has confirmed that the government’s changes to the criminal records disclosure regime last year were necessary.
This article looks at the implications for a trustee in Jersey faced with the difficult situation where it is suspected that trust assets may be the proceeds of crime and/or a civil fraud.
Implications of the Intellectual Property Act 2014 for businesses — guidance published on 30 June 2014 download
Following the passing of the Intellectual Property Act 2014, the Intellectual Property Office has issued some useful guidance on its implications for businesses.
Insolvency litigation briefing: insolvent company brings claim for breach of fiduciary duties and dishonest assistance; and more download
Wragge Lawrence Graham & Co brings you its monthly update on the latest cases and issues affecting the insolvency and fraud investigation industry.
The topics considered in this update have, by accident rather than design, an anti-money laundering flavour to them.
ME v Sweden — Strasbourg rules no violation of article 3 for Sweden to temporarily expel a gay man to Libya download
The ECHR has declared admissible on article 3 grounds an application from a gay man regarding his expulsion from Sweden to Libya.
In recent years, the Competition Council has focused a significant part of its resources on the fight against bid rigging and also for its prevention.
The extent of BVI court’s discretion under section 3(1) of the Reciprocal Enforcement of Judgments Act download
The Eastern Caribbean Supreme Court, Court of Appeal has determined the scope of the court’s discretion under section 3(1) the Reciprocal Enforcement of Judgments Act 1922.
The Australian privacy commissioner has found that Cupid Media failed to take reasonable steps to secure personal information held on its websites.
The ECJ has ruled in favour of extending the liability of a cartel’s members when the effect of the cartel was to incite other market operators to increase their own prices.
The first trial in Serbia pursuant to law on liability of legal entities for criminal offences has rendered a guilty verdict download
The law on liability of legal persons for criminal offences came into force on 4 November 2008. Nearly six years thereafter the first verdict was rendered on the 11 June 2014.
Research published by Allen & Overy has revealed that aggressive cartel enforcement has continued unabated for the first six months of 2014.
Simon Hunka from No5 Chambers has represented an officer jailed for misconduct in public office.
Ekwall Tiwana and Tony Bell from No5 Chambers are appearing in a case where Wolves supporters are on trial after an opposition fan was left with a fractured skull.
The mid-year trends in global antitrust enforcement paint a daunting picture for businesses currently caught in the crosshairs of a cartel investigation.
Since September 2012, it has been a criminal offence to squat in a residential building.
A partner in DLA Piper’s Milan office is facing trial on corruption charges related to Milan’s hosting of next year’s ‘Expo 2015’ world fair.
Society would probably like to think that children are given priority over all other members of society. Unfortunately that is not the case.
M&A Weekly Update: market abuse — UK rules will continue to be super-equivalent; and other items download
Macfarlanes has released its M&A Weekly Update for the period 13–19 June 2014.
Barristers from No5 Chambers have represented the defendants in a case involving the fixing of football match results.
David Howker QC from No5 Chambers has defended in a case involving the discovery of a body in the garden of a Mansfield property.
Czech Republic: recorded telephone conversations — legal evidence in administrative proceedings download
A recent decision considered a telephone conversation between two individuals as legitimate evidence in administrative proceedings.
Former News of the World (NotW) editor, DLA Piper client Andy Coulson has been found guilty of phone hacking charges while Rebekah Brooks, who was represented by Kingsley Napley partner Angus McBride, has been acquitted.
Building the foundations — bribery risk assessment as the basis of effective risk mitigation download
Diagnosing Bribery Risk is designed to assist those charged with carrying out a bribery risk assessment to follow a relatively simple, structured process.
On 8 April 2014, the European Court of Justice in the Digital Rights Ireland case declared the Data Retention Directive 2006/24/EC invalid
John McKendrick has been invited by the Inter-American Development Bank to speak on the subject of effective oversight of procurement.
The concept of successor liability means an acquirer may become responsible for any pre-transaction incidences of bribery or corrupt practices of the target.
Eversheds has published the June 2014 edition of its In Brief publication — a look at what is happening in the legal sector.
Peter Nigel Snee of Franklin Hodge Industries pleaded guilty on 17 June 2014 to the criminal cartel offence under section 188 of the Enterprise Act 2002.
The OFT has found that four companies unlawfully conspired to rig bids for contracts to install access-control and alarm systems.
Christopher Hotten QC from No5 Chambers has prosecuted in the case of the murder of a two-month-old baby.
In his Mansion House speech on 12 June, George Osborne announced a number of measures in light of recently alleged or established market abuses.
Two teenage boys, both aged 17, have been charged with the murder of Dean Mayley, a 24-year-old with learning difficulties.
McAfee has suggested that if cybercrime was a business, it would be ranked 27th in the world based on revenue.
Care homes operator pays compensation to family of elderly resident subjected to ‘sickening’ abuse download
The owners of a care home where staff were jailed after being caught abusing an 89-year-old woman have finally agreed a compensation settlement with her family.
Attorneys Zhai Jian and Wang Feng from Dacheng’s Shanghai office have won a lawsuit for a client accused of misappropriation.
Attorney Ma Jun from Dacheng’s Taiyuan office has been interviewed by News Broadcast (‘XinwenLianbo’) on the case of Liu Han and Liu Wei.
Partner — Thames Valley
In this presentation, John Schmidt reports on the IBC conference on competition challenges in the financial services sector in 2014.
Penningtons Manches is currently pursuing two high-profile group action litigation claims relating to negligent advice given by solicitors.
Michael Duck QC and barrister Michelle Heeley from No5 Chambers are prosecuting a car theft conspiracy case.
Barrister Michael Anning from No5 Chambers is defending a teenager who has admitted robbery, possessing a firearm with intent to commit robbery and possessing a prohibited weapon.
The Upper Tribunal has handed down its judgment in the Ian Hannam market abuse case. This article summarises some practical consequences from the judgment.
With 12 months to go before the Magna Carta’s 800th anniversary, Jonathan Black makes the case for justice.
Eversheds’ Paul Worth has commented on news that the incoming deputy governor of the Bank of England is to drive through changes to foreign exchange and other benchmarks.
Speeding penalties set to soar download
The government is to increase the severity of penalties relating to driving offences, as part of a series of sweeping reforms to magistrates’ powers.
Luxembourg legal update — June 2014: market abuse; the theft of intangible assets; and more download
Arendt & Medernach has released the June 2014 issue of its Luxembourg legal update.
Choice of lawyer critical in health and safety investigations — further clarification now provided by the European court download
Insurers cannot fetter your right to instruct your lawyer of choice in the aftermath of an accident.
EU competition law: private equity firms can be liable for companies in their asset portfolio download
The European Commission will hold parent companies jointly liable for the competition law infringements of their subsidiaries when the parent exercises a ‘decisive influence’ over the subsidiary.
Allen & Overy has warned that a scam using the firm’s name is currently operating in a number of countries, including Belgium, Germany and Luxembourg.
Anna West, personal injury and clinical negligence solicitor at IBB Solicitors, discusses hate crimes against vulnerable adults.
Caroline Dunne discusses road traffic offences, driving disqualification, receiving a notice of intended prosecution and the availability of legal aid for road traffic offences.
Adam Farrer of No5 has acted for the HSE in the Crown Court and then in the Court of Appeal in relation to an appeal against sentence in a fatal gas case.
No5 Chambers’ Gary Bell QC was instructed to defend Steffan Leach, who has avoided a prison sentence for causing death by careless driving after a crash on the A34.
Liz Fitzsimons, legal director at Eversheds, has commented on the findings that cyber crime costs the global economy $445bn a year.
Allen & Overy has announced that Maura Rezendes has joined the firm’s global economic sanctions practice as a senior counsel in the Washington DC office.
Addleshaw Goddard discusses four recent decisions regarding disclosure and privilege, including Rawlinson and another v Akers and another.
Queen’s Speech 2014 download
There are significant proposals this year on areas such as infrastructure, pensions, zero-hours contracts, ‘modern slavery’ and recall of MPs.
From 1 July, new ‘definitive guidelines’ will apply for the sentencing of various environmental offences in the courts, irrespective of when they were committed.
The Spanish Official National Gazette has published a new regulation developing the Spanish AML legislation
The Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2014 (No.3) (Cth) (Amending Rules) came into force on 1 June 2014.
Leroy Barnes was receiving disability insurance payments while showing off his dance moves as one the dancing hamsters in the Kia commercials.
LIBOR scandal: two years on download
This note looks back at some of the key developments regarding the LIBOR scandal over the second year.
PwC has recently begun a series of discussions to ensure it understands the issues clients are experiencing from counterfeit, piracy and illicit trade.
Sharon Bahia from No5 Chambers has defended in a case where two members of West Bromwich’s ‘Raiders Crew’ were given jail sentences.
For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official.
Barrister Earl Pinnock from No5 Chambers recently defended Simon Williams, who has been sentenced to six months in prison after admitting fraudulently obtaining cash.
M&A Weekly Update: fraud, bribery and money laundering sentencing guidelines; limited liability partners as workers; and more download
Macfarlanes has released its M&A Weekly Update for the period 23–28 May 2014.
Richard Gibbs has represented Paul Hackney, who pleaded guilty to five counts of fraud totalling £2.3m, which made his conviction one of the top five secured by HMRC in 2013.
A company that owns land can apply, free of charge, for a restriction on the registered title which could help prevent the company from becoming a victim of property fraud.
The Court of Appeal has ruled that business interruption and other consequential losses can now be recovered from the police after London riots.
Competition News May 2014: European Parliament adopts directive strengthening private enforcement; and more download
Dentons has released the May 2014 issue of its Competition News publication.
Re-reading the Riot Act (again): police liable for consequential losses under the Riot (Damages) Act 1886 download
As if a lecture at the Police Federation Conference from the home secretary wasn’t enough, the police have also received the Court of Appeal’s reading of the riot act.
Pillsbury has announced the appointment of Brian E Finch, a leading authority in cyber security, as a partner in the public practices section in Washington DC.
A teenager who has suffered severe brain damage as a result of her mother drinking alcohol while she was in the womb has been awarded £500,000 in criminal injuries compensation.
Richard Lissack QC and Eleanor Davison of Outer Temple Chambers were key panel speakers at the Herbert Smith Freehills — Corporate Crime and Investigations Conference.
Squatting in residential premises has been a criminal offence since September 2012. However, this month, a case has considered this in relation to the law of adverse possession.
Collyer Bristow corporate law partner Nick Gould has spoken at the Cabinet Office on the subject ‘Good/bad law — a cry for common sense’.
The Supreme Court of New Zealand has allowed appeals brought by four former directors of Lombard Finance & Investments against sentences imposed on them by the Court of Appeal.
Mr Justice Mann has handed down judgment in the matters of Sarah Hannon and Daniel Dufour v NGN and the Commissioner of Police of the Metropolis.
An Englishman’s home is his castle except, of course, when it isn’t. And the old adage is never less true than when someone else is living there uninvited.
No5 Chambers has hosted a double celebration to mark Rhona Campbell’s appointment as a tribunal judge and the elevation of John Butterfield to queen’s counsel.
The Anti-Social Behaviour, Crime and Policing Act 2014 gives social landlords new powers to obtain possession against tenants causing nuisance and/or anti-social behaviour.
The former general counsel of Islamic bank Gulf Finance House (GFH) Capital David Haigh has been arrested in Dubai, reportedly in relation to alleged financial irregularities surrounding GFH’s ownership and sale of Leeds United Football Club.
Immigration Update — May 2014: new right-to-work checks — easier to get it right, but more serious if you get it wrong download
On 16 May 2014, new rules on the prevention of illegal working came into force that affect three areas.
The case sees three football players from Whitehawk Football Club and two businessmen from Singapore accused of conspiring to alter the results of football matches.
The Divisional Court has upheld an order dismissing Ghana’s request for extradition.
The Financial Conduct Authority (FCA) has won its appeal against the stay in the high-cost fraud trial known as Operation Cotton, with the Court of Appeal (CoA) ruling that proceedings should resume.
The Peking University Law School Experimental Education Base and the Peking University Clinical Program at Dacheng have been launched.
The government has introduced an order changing the requirements for checking the right to work of current and prospective employees.
A firm of solicitors has found itself on the hook for a fraud in which it was not involved, but in which its substandard conduct had played a part.
Ben Compton QC and James Leonard have spoken at the seventh CAPITA health and safety (corporate manslaughter) lecture at the Royal College of Surgeons.
The Crown Prosecution Service is to introduce new guidelines for handling cases of domestic abuse among the elderly and teenagers.
We recently had a really interesting PwC Fraud Academy discussion around the practical challenges of managing competition risk.
The Manitoba government has proposed substantial increases to fines under the Manitoba Workers Compensation Act.
Adjudicator’s award was shaming of union officials for ‘ongoing campaign’, harassment of member download
A union member has won a legal battle against local union officials after they engaged in a ‘campaign’ against him that attacked his credibility.
No5 Chambers barristers Talbir Singh, Tim Pole and Lynette McClement have appeared in a car theft conspiracy case.
The High Court has held that a criminal squatter was entitled to use his period of criminal squatting to acquire adverse possession of a residential property.
Private Client Bulletin — sharing the summer holidays; don’t take a risk drink-driving; give a lasting power of attorney; and more download
IBB Solicitors has released the spring 2014 issue of its Private Client Bulletin.
Earl Pinnock of No5 Chambers has defended Ahmed Al-Sharif, a prisoner at HMP Birmingham who attacked three officers with parts of a broken TV screen.
Unlike the affable Sgt Schultz, lawyers don’t always have the option of turning a blind eye to the misconduct of others.
Youth justice campaigners have called for a change in the law to give children accused of crimes anonymity for life, to prevent them and their family being stigmatised ‘in perpetuity’.
Jonathan Brook has joined Eversheds as a partner in the law firm’s London litigation team.
On 10 March 2014, some rehabilitation periods for convictions were reduced.
Jan Golaszewski has joined Carey Olsen’s Cayman Islands office as counsel in the dispute resolution and litigation department.
Khaitan & Co advises clients on issues pertaining to compliance and ethical practices, economic regulatory investigations and so on.
Khaitan & Co’s services include typical antitrust matters such as anti-competitive arrangements, cartels, dominance investigations and so on.
The Audit Commission has claimed that fraud in the care system has almost doubled in a year as middle-class families attempt to hide their assets from HMRC.
Despite it taking a year to investigate and two more years of hearings to try and get trial ready, the case of ‘O’ finally collapsed last week.
Inderpal Singh Sangha, 26, of Walsgrave, who was represented by No5 Chambers’ Talbir Singh, has been acquitted of conspiring to commit violent disorder.
The Court of Appeal has quashed control orders against two suspected terrorists, one of whom is currently on the run having disguised himself in a burqa.
Two care home staff, Santhosh Rajan and Marsha Tulloch, have appeared at Burton Magistrates Court on charges of manslaughter following the death of a 91-year-old great-grandmother.
A driver’s failure to wear a seat belt, which is an offence under the Ontario Highway Traffic Act, is not an ‘absolute liability’ offence.
And so it begins — first parts of the Anti-Social Behaviour, Crime and Policing Act 2014 coming into force on 13 May 2014 download
Provisions of the Anti-Social Behaviour, Crime and Policing Act 2014 are being brought into force in stages by way of ‘Commencement Orders’.
The government is pressing ahead with its proposals for a central registry of company beneficial ownership information.
The late, great stand-up comedian Mitch Hedberg had a routine about buying a doughnut, captured in this briefing in a very meta-fashion.
This report was commissioned by the ACPO Child Protection and Abuse Investigation Working Group.
Multi-layered frauds require a multi-disciplinary and collaborative approach, but getting all of the professionals pointing in the same direction is not always easy.
Can a Royal Court blessing be given to a momentous decision by directors of an underlying company to a trust? download
It is helpful for trustees to know that where they provide directors to a company underlying a trust, they can still get the protection of the court where a momentous decision is to be made.
Kathryn Hellings is joining Hogan Lovells US as a partner in its antitrust, competition and economic regulation and investigations, white-collar and fraud groups.
No5 Chambers sponsored Birmingham Law School’s recent Postgraduate Mooting Cup. LLM student Richard Murtagh claimed victory.
Each member of Three Raymond Buildings has individually decided that s/he will not undertake any VHCC or declassified VHCC case at the new rates.
Ten members of a cyber gang, which plundered £1.25m from British banks through the use of ‘trojan horse’ devices to hijack computers, have been sentenced.
Over the past six months, there have been a number of changes that have raised the profile of the Internet Watch Foundation.
Eleven men have been handed prison sentences or periods in youth custody for their role in a large-scale conspiracy selling drugs in Telford.
Application was made at Southwark Crown Court to stay the FCA’s prosecution of five defendants in a massive land deal fraud.
Baker Tilly’s team of forensic specialists provides expert, conflict-free assistance to clients facing contentious, sensitive and confidential situations.
Hannah Nichols and Emma Gordon of Eversheds’ fraud and investigations group take a look at developments in bribery and corruption enforcement in the UK.
Where monies are improperly paid out of a company, they may be traced through various accounts to the end recipient, even if each stage in the laundering cannot be identified.
On 8 April 2014, the Court of Justice declared the directive no. 2006/24/EC on the retention of data invalid.
A recent Court of Appeal judgment may prove to be a catalyst for greater fines for large organisations convicted of regulatory offences.
Bill Emlyn Jones has appeared for the prosecution in a case that saw four men jailed for life with minimum terms ranging from 18–35 years for the murder of Cem Duzgan.
Tim Pole from No5 Chambers has appeared for the prosecution in a case that saw Steve Colson plead guilty to four offences of contravening the Health and Safety Act 1974.
DLA Piper has announced that Ben Boyd and Mary Gately have been named co-managing partners of the Washington DC office.
In a case represented by Dacheng attorneys, the court of retrial cut the amount of accused bribe taken by Guo Guoping and ordered a penalty of lesser severity.
Travel insurance company Staysure has told 93,000 of its customers that their credit card details may have been stolen by hackers.
The ICO has fined the Northern Ireland Department of Justice £185,000 after the Compensation Agency auctioned off a filing cabinet containing the information of victims of terrorist attacks.
This note concerns a number of controversial issues regarding interest termed as ‘usurious’, referred to in Italian Law 108/1996 and in the Italian Criminal Code.
More penalties for errant directors download
Business secretary Vince Cable has tabled new rules that will see company directors face tougher penalties for breaking the law.
Ince & Co has promoted two lawyers to the partnership with effect from 1 May 2014.
Ontario’s government has introduced a bill that would result in harsher penalties for distracted driving.
Memery Crystal has acted for Mediterranean Oil & Gas in its application for indemnity costs following its successful defence of a fraud claim brought by Leni Gas & Oil.
Naomi Owen considers the pros and cons of applying for a postponement when criminal proceedings are p
Marshalling is an equitable principle that aims to prevent one secured creditor arbitrarily depriving another secured creditor of his only security.
Ian Bridge from No5 Chambers has been instructed by Keith Wood of Lewis Nedas in several cases involving applications for the committal of alleged contemnors.
Nichola Peters, head of Addleshaw Goddard’s corporate crime and investigations practice, has been listed in Global Investigations Review 2014’s ‘40 Under 40’ list.
The High Court has ordered the investment vehicle R20 owned by Robert Tchenguiz to surrender £2.5m by way of security for costs after the company’s sudden decision to chop its claim against the Serious Fraud Office (SFO) by £1.2m.
DLA Piper has published its first public ‘Communication on Progress’, which outlines the actions it has taken over the past year to integrate 10 principles into the business.
Adam Farrer has acted for the Health and Safety Executive at the inquest into the death of a female patient who was being detained in a secure hospital in Lincoln.
Expansion of antitrust enforcement continues with extradition — foreign executive to face US antitrust charges download
On 4 April 2014, the Department of Justice’s Antitrust Division announced its first successful extradition of a foreign national to the US on antitrust charges.
In this video interview, Washington DC public policy and regulation partner Mike Zolandz discusses how the 2014 mid-term election will affect US policy.
Market abuse regime download
The current EU market abuse regime is in line for an overhaul. It is anticipated that the implementation of the new proposals may not come into force until 2016.
Norwich Pharmacal relief — obtaining information relating to a BVI company from its registered agent download
This briefing note deals with the circumstances in which and methods by which non-public information about a BVI company can be obtained by a third party.
An attack on a California electrical substation highlights the urgent need to protect the nation’s energy, communications and other critical infrastructure from threats.
Deadlines coming for multinationals’ retirement plans and US taxpayers with foreign financial interests download
In 2010, the US enacted a sweeping change in enforcement of its tax laws on foreign financial interests, the Foreign Account Tax Compliance Act.
Michael Burrows QC prosecuted in the recent Richard Deakin murder appeal, which saw David Harrison, 64, convicted of the murder of Richard Deakin in December 2012.
Travel insurance company Staysure has told 93,000 of its customers that their credit card details may have been stolen by hackers.
The Northern Ireland Department of Justice has been fined £185,000 after the Compensation Agency auctioned off a filing cabinet containing the information of victims of terrorist attacks.
As more companies look to expand their business into new markets, one of the issues they are very likely to face is bribery and corruption risk.
Understanding Forex manipulation download
Stephen Critchley and Robert Andrews describe in simple terms: what the alleged manipulation is; who may have suffered from it; and the ongoing investigations into it.
Marshalling has been under the spotlight following two recent cases. Here Gateley looks at one of them: Szepietowski v The National Crime Agency.
Weekly Newsletter Italy: 31 March to 6 April 2014 — Jobs Act; more controls of project workers; and more download
Eversheds has released its Italy newsletter, which contains information on HR consultancy, litigation and dispute management and financial services and markets regulation.
Penningtons Manches has substantial experience in working with clients to devise strategies to avoid possible disputes and to resolve effectively those that do occur.
It is the ECJ’s view that the directive interferes with the fundamental rights to respect for private life and to the protection of personal data.
With the Terrorism Risk Insurance Act set to expire at the end of 2014 unless extended, senators have introduced a bill to extend it.
Partner and head of private individuals
On 5 February 2014, the government published a response to the consultation on further proposed reforms to the judicial review process.
The Sentencing Council has published its definitive guideline for the sentencing of environmental offences.
In a recent decision, the European Commission confirmed that investors can be found liable where they exercise ‘decisive influence’ over a company and its decisions.
The Data Retention Directive requires public electronic communications providers to retain certain communications data to help in the fight against serious crime.
Bill S-4 is the Canada federal government’s latest attempt to reform the federal Personal Information Protection and Electronic Documents Act.
Partner — Guernsey
Partner — Jersey
Partner — Jersey
Partner — Jersey
Partner — Guernsey
Changes in the law should make it easier for victims of domestic violence to access public funding to obtain legal advice and assistance.
On 2 April 2014, the European Commission announced that it was fining the participants in a worldwide undersea cable cartel.
On 1 April 2014 HMRC took over from the OFT as the regulator of residential and commercial estate agents for the purposes of anti-money laundering.
Partner (LLP) — London, Jersey
From 22 April 2014, individual county courts will no longer exist — all will be replaced by the Single County Court.
The partners of Italian firm Slaughter and May best friend Bonelli Erede Pappalardo have agreed to a three-year lock-in, as the firm continues its partnership restructuring.
No5 Chambers barrister Phil Bradley has defended Michaela Hutchings, 23, of Staffordshire, who retained a wrongly credited bank transfer.
Walker Morris has bolstered its competition team with the appointment of Shaukat Ali as a director.
IBB’s road traffic department prides itself on providing a tailor-made service to both individuals and commercial clients.
At IBB Solicitors, our team of personal injury and clinical negligence solicitors are here to give you the help, advice and support you need.
At IBB Solicitors, we provide expert representation for both individuals and businesses facing the challenges of criminal prosecution.
We work with our clients to help them solve problems and ensure they comply with the law and charity best practice.
IBB Solicitors gives you the reassurance that your documents are correctly authenticated and accepted as legally binding for their intended purpose.
We see ourselves as both your legal and business partner and work with you to ensure that litigation doesn’t become an unwelcome distraction from your daily operations.
Antitrust Matters — April 2014: state aid; cartel facilitators; Belgium’s Competition Authority; exercising patent rights; and more download
DLA Piper has released the second issue of its global competition and antitrust law newsletter Antitrust Matters.
The government is considering making emotional cruelty to children a criminal offence. Under the plans, parents who deny their children affection face prosecution.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 has amended the Rehabilitation of Offenders Act 1974 with effect from 10 March 2014.
The decision in Rawlinson & Hunter Trustees SA and Ors v Akers & Anr has highlighted the difficulties in establishing litigation privilege in relation to internal reports.
Our pre-eminent litigation practice in the Cayman Islands, Guernsey and Jersey advises clients on the full spectrum of contentious, semi-contentious and advisory work.
Our regulatory lawyers advise clients in financial services and other industry sectors on regulatory issues that affect their businesses in the BVI, the Cayman Islands, Guernsey and Jersey.
Outer Temple Chambers has welcomed Matthew McDonagh, who joins the firm’s health department from 23 Essex Street.
LIBOR — a quick update download
One year on from the Financial Services Act, what’s changed?
Talking HR telly — smooth as Silk download
The recent TV series Silk portrayed a situation where the senior clerk was accused of sexual harassment against a pupil for similar actions.
The Anti-Social Behaviour, Crime and Policing Act received royal assent on 13 March 2014 and it is anticipated that it will come into force in the autumn of 2014.
The Civil Procedure (Amendment) Rules 2014 have been published, along with the making document, which details the amendments to various practice directions.
The JMSLG’s board has approved the final guidance for consumer credit firms relating to their compliance with anti-money laundering obligations.
Following the collapse of the SFO’s prosecution of Victor Dahdaleh at Southwark Crown Court, Mr Dahdaleh alleged serious misconduct by Akin Gump.
Alexander Cameron QC of Three Raymond Buildings has appeared for two Allen & Overy partners in a matter regarding contempt.
John Anslow, a convicted drug dealer who had previously escaped from a prison van on his way to court, has been cleared of murder at Woolwich Crown Court.
Ian Bridge of No5 has defended a business man who found himself facing eight separate allegations of fraud on his company, which at the time was indebted to the Natwest Bank.
No5’s criminal group is deeply concerned about the persistent stance of reducing fees in respect of VHCC fees and litigators’ fees.
Memery Crystal has acted for Mediterranean Oil & Gas in its successful defence of a fraud claim brought by Leni Gas & Oil.
Barristers on the Northern Circuit are leading opposition to a controversial deal between criminal bar leaders and the government cut last week in a bid to settle a dispute over ministers’ plans to slash legal aid rates.
KPMG has announced that member firms have received two awards from the Association of Management Consulting Firms.
Austria: breach of trust — a recent Supreme Court ruling has broad implications for stock corporations download
Austria’s breach of trust provision found its way back into the limelight recently via the criminal proceedings against the former management of LIBRO AG.
Criminal barristers have dropped plans for further strike action after the government today made temporary concessions in the long running battle over proposed cuts to legal aid rates.
On 1 April 2014, a new and improved criminal cartel offence will be introduced in the UK by virtue of section 47 of the Enterprise and Regulatory Reform Act 2013.
The Federation of American Societies for Experimental Biology (FASEB) has released recommendations regarding response to threats by animal rights extremists.
Eversheds’ competition, EU and regulatory group was named Best Regulatory Law Firm of the Year at C5’s Women in Compliance Awards 2014.
The executive order that creates the Fiscalía Especializada en Materia de Delitos Relacionados con Hechos de Corrupción has been published by the Mexican attorney-general.
David Mason QC and Saleema Mahmood of No5 Chambers have defended in a terrorism case that involved Ian Forman, 42, Birkenhead, being charged with engaging in the conduct in the preparation of terrorist acts.
When Croatia’s lawsuit for alleged violations of the convention on the prevention of genocide was submitted, it was anticipated that the Serbian side would, at some point, submit a counter-claim.
Two Allen & Overy (A&O) partners are facing an SRA investigation over what their barrister called an “extraordinarily ill advised” meeting during a high-profile bribery trial against businessman Victor Dahdaleh.
Conyers Dill & Pearman’s British Virgin Islands office has recently added four attorneys to its corporate and litigation practices.
A Shanghai-based Dacheng team led by attorney Tan Jiacai has advised Hefei Taihe Optoelectronic Technology on legal risk prevention and control.
You are the Serious Fraud Office (SFO), looking into allegations that a Canadian-British businessman funnelled billions of dollars in bribes to a Bahraini aluminium company to secure contracts. Who do you turn to to help with your investigation?
Austria: corruptive behaviour in public procurement procedures as a deal breaker for mergers and acquisitions transactions? download
It is a well-established and unsurprising fact that public procurement proceedings are particularly vulnerable to corruption.
Jersey has approximately 30 tax information exchange agreements currently in force, with more in various stages of negotiation and agreement.
The Garnet litigation highlights the potential repercussions for banks and financial institutions in reporting suspicion and a resulting refusal of consent by the FIS.
When should we DBS check? download
John Turner, lead regulatory lawyer at Anthony Collins, considers the guidance for criminal records checks with the Disclosure and Barring Service (DBS).
Barristers Andrew Baker and Jasvir Mann from No5 Chambers defended in the so-called ‘leaking lager can’ affray case.
Michael Uberoi of Outer Temple Chambers has concluded two lengthy hearings in the Medical Practitioners Tribunal Service (MPTS).
Fraud in the workplace download
Employers have always been reluctant to pursue a civil claim against former employees for losses incurred as a result of their negligence or misconduct.
Zhai Jian and Ma Lang, criminal defence attorneys from Dacheng, have successfully defended a client accused of embezzlement of bills of exchange.
Sajid Ali had his conviction of rape quashed after three judges heard that jurors were not told the alleged victim had made a previous false claim of indecent assault.
The intersection of provisions of labour, criminal, company and commercial law, although hard to imagine due to the diversity of these fields, does exist.
On 7 March many members of the criminal bar did not attend court. This highlighted the concern that barristers and solicitors have about the proposed new defence fees.
Outer Temple Chambers’ Patrick Sadd and Harriet Jerram have been appointed counsel to the Independent Jersey Care Inquiry to look into child abuse on Jersey.
On 1 March, No5 hosted a debate considering the role of the UK government in the 1984 attack on the Golden Temple in Amritsar, Punjab, India.
Barrister Adam Farrer from No5 Chambers has acted for the Criminal Injuries Compensation Authority (CICA) in two catastrophic brain injury cases.
On 3 March 2014, Peng Xuefeng, chairman of Dacheng, attended the second session of the 12th CPPCC National Committee.
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).
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.
From 25 February, a crown prosecutor is able to use the deferred prosecution agreement legislation in order to bring a resolution to cases of corporate criminality more quickly.
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.
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.
Over the past 20 years corporate codes of conduct have moved from being emerging good practice to becoming an established norm.
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.
JP Morgan settlement reinforces the requirement for strong AML controls and effective transaction monitoring download
The action by the Attorney Office is a further example of the enhanced regulatory expectations in relation to the AML programmes being administered by financial institutions.
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.
Once again, PwC was very pleased to be the co-operating programme developer for the Corporate Accountability Conference 2012.
Compliance with AML, Know Your Customer and sanctions regulatory requirements dominated the financial services landscape in 2013. This looks set to continue in 2014.
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.
In this video, PwC’s John Tracey, Andrew Clark and Jon Hayton discuss the changing face of regulatory investigations in the financial services industry.
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.
It’s not only Santa’s elves that are busy this Christmas. Manufacturers of counterfeit goods have been busy ensuring they too are stocked up to meet expected demand.
The Chambers UK Bar Guide has ranked No5 Chambers in 15 practice areas.
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.
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.
Brazil has imposed legal liability on companies and other legal entities for corruption of local and foreign public officials.
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’.
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
In this video, John Tracey, Umang Paw and Melissa Suek discuss what leading organisations are doing to manage their information as an asset
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.
PwC Fraud Academy chairman John Tracey joins Nick Fishwick to discuss corporate espionage and share some insights the threat posed to corporations.
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.
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
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’.
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.
Given the increasing levels of regulatory focus and private litigation, we believe that companies are not investing sufficient resources into their competition risk compliance activities.
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.
The European Commission has proposed to update the directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
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.
This survey shows that a wide range of approaches are being used to establish the foundations of ethical tone in business.
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.
The SFO uniquely investigates and prosecutes serious and complex fraud and corruption within the UK.
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.