Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Corporate Crime analysis: As the Serious Crime Bill winds its way through the legislative process, Laura Dunseath, senior associate, and Barry Vitou, partner and head of global corporate crime, at Pinsent Masons LLP consider the implications of the Bill and how it fits in with the Government’s Serious and Organised Crime Strategy.
Serious Crime Bill [HL], LNB News 09/06/2014 29
On 5 June 2014 the Serious Crime Bill was introduced to the House of Lords. This Bill is intended to give effect to a number of legislative proposals in the Serious and Organised Crime Strategy.
The government’s Serious and Organised Crime Strategy included a number of statements about the causes, effects and methodology of organised crime including that:
‘Criminals will seek to launder money through the financial sector, or use the services of lawyers or accountants to invest in property or set up front businesses. A small number of complicit or negligent professional enablers, such as bankers, lawyers and accountants can act as gatekeepers between organised criminals and the legitimate economy.’ (para 5.20, Serious and Organised Crime Strategy)
This principle led to the most significant feature of the Serious Crime Bill from a corporate crime perspective, which is the ‘participation offence’ at clause 44 of the amended Bill. The offence is designed to target the professional and non-professional ‘enablers’ who facilitate the criminal enterprises of organised crime groups.
The Home Office has argued that the offence is required to pursue those in organised crime groups who ‘ask no questions’ and support organised crime at arm’s length. The Home Office has stated that the offence is designed to supplement the existing conspiracy offence as the ‘second tier’ of an investigation, and contend that it is significantly different to the existing offences of encouraging and assisting crime contained in the Serious Crime Act 2007, ss 44–46.
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234