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Latest Corporate Crime News

Halkbank tells 2nd Circuit it's immune from sanctions prosecution

The following Corporate Crime news provides comprehensive and up to date legal information on Halkbank tells 2nd Circuit it's immune from sanctions prosecution

Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

The following Corporate Crime news provides comprehensive and up to date legal information on Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)

Power of Crown Court judges to deal with flawed committals (R v Gould)

The following Corporate Crime news provides comprehensive and up to date legal information on Power of Crown Court judges to deal with flawed committals (R v Gould)

Corporate Crime weekly highlights—8 April 2021

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—8 April 2021

Featured Corporate Crime content

Involuntary manslaughter

Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those...

Money laundering offences—tipping off and prejudicing an investigation

Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made,...

Conspiracy to defraud

Offence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act...

Absolute and conditional discharge

What is an absolute discharge?An absolute discharge is the most lenient sentence available to the court and is imposed where the court is satisfied...

Practice notes

Football banning orders

What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...

9th Nov

Practice notes

Possession with intent to supply

Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...

Produced in partnership with Red Lion Chambers 12th Jan

Practice notes

Crown Court bail application

Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Nov

Practice notes

Failing to surrender, absconding and breach of bail conditions

Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...

9th Nov

Practice notes

Corporate manslaughter—prosecutions tracker

This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...

9th Nov

Practice notes

Specific and basic intent

Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...

9th Nov

Practice notes

Forfeiture

The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...

9th Nov

Practice notes

Applications for the return of property seized during criminal investigations

Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...

9th Nov

Practice notes

Admissibility of hearsay evidence in criminal proceedings

How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...

9th Nov

Practice notes

Obtaining and executing a search warrant under PACE 1984

Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...

9th Nov

Practice notes

Fraud by false representation—sentence tracker

Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...

9th Nov

Practice notes

Indications on sentence

Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...

9th Nov

Practice notes

Obtaining excluded material and special procedure material under PACE 1984

Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...

Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan

Practice notes

Obtaining services dishonestly under the Fraud Act 2006

Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...

9th Nov

Practice notes

Affray

Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...

9th Nov

Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...

Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan

Most recent FCA investigations content

Practice notes

Dealing with dawn raids by the Financial Conduct Authority

What is the FCA?The Financial Conduct Authority (FCA) regulates financial services firms operating in the UK and providing services to consumers. It...

Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr

Practice notes

Surveillance and intelligence gathering powers of the FCA

The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the legal framework governing the use of covert...

Produced in partnership with Carolina Bracken of 5 Paper Buildings 9th Apr

Practice notes

Appointment and powers of FCA investigators in criminal cases

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Internal company fraud investigations

Preliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the suspicion of fraud in the...

9th Apr

Practice notes

The FCA and financial crime

The Financial Services Act 2012 (FSA 2012) significantly altered the regulatory landscape for financial services in the UK by, inter alia, introducing...

9th Apr

Practice notes

FCA and PRA search and seizure powers and dawn raids

Lexis®PSL Financial Services FCA/PRA Enforcement Database: This incorporates detailed information on all substantive FCA and PRA Final Notices and,...

Produced in partnership with Sara Cody of Linklaters 23rd Mar

Practice notes

Regulatory action against Senior Managers

Lexis®PSL Financial Services FCA/PRA Enforcement Database: This incorporates detailed information on all substantive FCA and PRA Final Notices and,...

Produced in partnership with Lucy Kerr of RPC and Jonathan Cary 23rd Mar

Practice notes

Offences during an FCA investigation

Lexis®PSL Financial Services FCA/PRA Enforcement Database: This incorporates detailed information on all substantive FCA and PRA Final Notices and,...

Produced in partnership with Sarah Clarke of Hardwicke Chambers 23rd Mar

Practice notes

Dealing with the FCA—informal requests for information

Lexis®PSL Financial Services FCA/PRA Enforcement Database: This incorporates detailed information on all substantive FCA and PRA Final Notices and,...

Produced in partnership with Sarah Clarke of Hardwicke Chambers 23rd Mar

Practice notes

Whistleblowing—UK regulatory issues

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...

12th Mar

Practice notes

Financial Conduct Authority interviews and production of documents

Financial Conduct Authority interviewsThe Financial Conduct Authority (FCA) can conduct interviews in a variety of formats. The type of interview to...

Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 10th Mar

Practice notes

An introduction to Deferred Prosecution Agreements for Financial Services

Deferred Prosecution AgreementA Deferred Prosecution Agreement (DPA) is an agreement between a prosecutor and an organisation facing prosecution for...

Produced in partnership with SHOOSMITHS LLP 1st Mar

Practice notes

Benchmark enforcement action—essentials

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...

Produced in partnership with Brown Rudnick 26th Feb

Practice notes

FCA and PRA whistleblowing requirements—one minute guide

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...

Produced in partnership with DLA Piper 26th Feb

Practice notes

FCA document and information requirements: protected items (privilege) and banking confidentiality

Lexis®PSL Financial Services FCA/PRA Enforcement Database: This incorporates detailed information on all substantive FCA and PRA Final Notices and,...

Produced in partnership with Brown Rudnick 26th Feb

Practice notes

FCA and PRA disclosure issues—one minute guide

Lexis®PSL Financial Services FCA/PRA Enforcement Database: This incorporates detailed information on all substantive FCA and PRA Final Notices and,...

Produced in partnership with Brown Rudnick 26th Feb

Practice notes

FCA financial crime guidance: FCG, FCTR and supporting materials

This Practice Note explains the constituent parts of the Financial Conduct Authority (FCA)’s financial crime guide entitled ‘Financial Crime Guide: a...

24th Feb

Q&As

Does an appointed representative have any obligations to the Financial Conduct Authority (FCA) in respect of its principal, if the appointed representative has concerns that the principal is not meeting its FCA obligations and requirements?

Appointed representatives are by definition not authorised persons and are exempt from the need to obtain an authorisation, though certain individuals...

28th Nov