The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The Financial Services and Markets Act 2000 (FSMA 2000) creates a range of criminal and civil/regulatory offences. For further information on civil/regulatory breaches and proceedings generally, see Practice Notes: Unauthorised business and the approach to enforcement—civil proceedings, Unauthorised business—legal and regulatory framework, Carrying on unauthorised business and breaching the general prohibition.
For guidance on the civil/regulatory market abuse regime and the implementation of the Market Abuse Regulation (EU) 596/2014, see Practice Notes: Market abuse—pre-Market Abuse Regulation, Market Abuse Regulation (MAR)—essentials, Market Abuse Regulation (MAR)—timeline and Market Abuse Regulation (MAR)—one minute guide.
For an overview of the criminal regime existing in Europe (outside of the UK) under Directive 2014/57/EU on criminal sanctions for market abuse, see Practice Note: Directive 2014/57/EU on criminal sanctions for market abuse.
FSMA 2000, s 401 (proceedings for offences) makes provision for proceedings to be brought by an appropriate regulator in relation to various criminal offences which can be committed by individuals or by companies or their officers (where FSMA 2000, s 400 applies) under the FSMA 2000, subordinate legislation and Part 7 of the Financial Services Act 2012 (FSA 2012) (offences relating to financial services).
Appropriate regulators may also bring proceedings for insider dealing, money laundering and terrorism offences. For more information on this, see Practice Note: The FCA and financial crime.
The main criminal
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
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Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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