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Corporate Crime & Compliance UK
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January 24, 2025
SFO Lawyers Say ENRC Win Worth Upwards Of $120M
A decision barring Kazakh miner ENRC from asserting damages on behalf of its subsidiaries against the Serious Fraud Office could be worth as much as $120 million, the agency's lawyers have said.
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January 24, 2025
FBI 'Bait And Switch' Breached Suspect's Rights, Lawyer Says
FBI agents held an Israeli private investigator accused of hacking climate activists in custody without warning him of his right to remain silent, denying him a fair trial if he is extradited to the U.S., a lawyer testified in London on Friday.
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January 24, 2025
Russian Banking Oligarch's Wife Loses Bid To Lift Sanctions
A Ukrainian-Russian tycoon's wife lost her fight to lift U.K. sanctions against her on Friday as an appellate court ruled that the restrictions were a proportionate way of undermining the Kremlin after Russia invaded Ukraine.
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January 23, 2025
Ex-Amazon Exec Will Oversee Google, Apple Probe In UK
The U.K.'s competition enforcer said Thursday it will be looking into how Google and Apple's "mobile ecosystems" have been affecting competition for both consumers and businesses, an announcement that comes just days after the watchdog booted its leader for a former Amazon head honcho.
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January 23, 2025
UK Gov't Tones Down Plan For Non-Dom Tax Changes
The U.K. government will amend its finance bill to soften its plan to abolish the nondomicile tax status for people claiming tax benefits as nonresidents, Exchequer Chancellor Rachel Reeves said in an interview broadcast Thursday.
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January 23, 2025
FCA Finds Gaps In Brokers' Money Laundering Defenses
The Financial Conduct Authority on Thursday urged brokers to tighten anti-money laundering controls, after a review it ran found gaps in their defenses against the flow of tainted cash through Britain's capital markets.
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January 23, 2025
Poland's €23M For Chemical Co. Clears EU State Aid Inquiry
The Polish government didn't break state aid law when it awarded €23 million ($23.9 million) to a chemical producer to open a production plant, the European Commission said Thursday.
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January 23, 2025
Watchdog Restricts Scottish Broker Over Premium Concerns
The Financial Conduct Authority has restricted a Scotland-based insurance broker from carrying out regulated activities over "concerns" the business has sold policies but failed to pass on payments to insurers.
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January 23, 2025
Litigation-Funder Sues Merricks Over Mastercard Settlement
A representative of more than 45 million U.K. consumers in a class action against Mastercard is being sued by his litigation-funder over his decision to reach a settlement in the £10 billion ($12.3 billion) case for £200 million.
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January 23, 2025
5 Questions For Katten Partner Nathaniel Lalone
The Digital Operational Resilience Act has set tough new rules for financial businesses in the European Union to prevent disruptions in digital services from external providers. Here, Nathaniel Lalone, of Katten Muchin Rosenman LLP, tells Law360 about how the act could have an impact on some financial entities in Britain.
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January 23, 2025
Police Sanction Of Sex Pest Cop Deficient, Appeal Court Finds
The Metropolitan Police said it would reconvene a misconduct panel to interrogate historical claims of sexual harassment against a former detective chief inspector with the London force after the Court of Appeal ruled it had provided inadequate reasons for its initial sanction.
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January 23, 2025
SFO Cuts $80M From ENRC's Claim Over Criminal Probe
A judge cut $80 million off ENRC's claim against the Serious Fraud Office over the agency's criminal investigation into the Kazakh miner on Thursday, finding that the company's lawyers "took their eye off the ball" and let the issue slide.
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January 23, 2025
Reckitt Investors Lose Bid For Opioid Representative Claim
Investors' claims against Reckitt and Indivior over the misleading marketing of an opioid addiction drug can proceed only as multiparty proceedings, the Court of Appeal ruled Thursday, denting the prospects of representative actions being used in securities litigation.
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January 22, 2025
Dubai-Based Exchange Fined $9.2M To End Bank Fraud Probe
A Dubai, United Arab Emirates-based financial services company has agreed to pay $9.2 million to U.S. prosecutors over a U.K. subsidiary's false claims that it was in compliance with anti-money laundering laws, avoiding criminal charges.
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January 22, 2025
Former Oil Execs Beat Decade-Long $335M Fraud Claim
Former top executives at oil trader Arcadia Group defeated a near decade-long $335 million fraud claim Wednesday after a London court dismissed allegations the men had diverted oil trading profits into their own pockets.
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January 22, 2025
Eurochem Group Founder Loses Bid To Lift EU Sanctions
Russian billionaire Andrey Melnichenko, the founder of fertilizer giant Eurochem Group, lost a bid to have European Union sanctions lifted on Wednesday as a court ruled that they should remain in place.
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January 22, 2025
UK Gov't To Tap Into Bank Accounts Of Benefits Fraudsters
Benefits cheats who fail to reimburse taxpayers could have cash owed taken directly from their bank accounts, as part of the U.K. government's plan to launch the "biggest fraud crackdown in a generation."
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January 22, 2025
Israeli Accused Of Hacking For ExxonMobil Fights Extradition
A private investigator accused of hacking activists to help ExxonMobil undermine climate-change litigation targeting the oil giant appeared at a London court on Wednesday for the start of proceedings to extradite him to the U.S.
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January 22, 2025
SFO's 1st UWO Hints At New Strategy In Hunt For Illicit Funds
The first unexplained wealth order secured by the Serious Fraud Office, against the former wife of a convicted solicitor, suggests that the agency is thinking creatively about how to use the dirty-money tools at its disposal, although lawyers wonder whether it will be a durable strategy.
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January 22, 2025
Prince Harry Settles Case Against Murdoch's News Group
Prince Harry settled his legal case against the U.K. arm of Rupert Murdoch's media empire on Wednesday as the publisher agreed to pay "substantial damages," apologized for intruding into his private life and admitted that unlawful actions were carried out at its Sun tabloid.
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January 21, 2025
Royal London Data Boss Loses Early Battle Over Redundancy
A data privacy lead can't revive a bid to reinstate his job until trial because he failed to provide an employment tribunal with any new evidence showing that the Royal London Mutual Insurance Society made him redundant by punishing him.
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January 21, 2025
UK Waste Management Co. Denies Ties To £2.2M Tax Scam
A U.K. waste management company denied involvement in a scheme to reduce tax rates that put a business affiliate on the hook for £2.2 million ($2.7 million), contending that the affiliate failed to detect red flags.
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January 21, 2025
EU Officials Still Committed To Global Tax Deal Without US
The European Union remains committed to the global tax deal signed by over 130 countries in 2021 even after President Donald Trump announced the U.S. would no longer participate in the agreement, according to EU officials speaking in Brussels on Tuesday.
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January 21, 2025
UK Gov't Reviews Computer Evidence Use In Criminal Cases
The Ministry of Justice announced Tuesday that it will scrutinize the role of computer evidence in the criminal justice system in the wake of flaws highlighted by the wrongful convictions of hundreds of subpostmasters in the Post Office Horizon scandal.
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January 21, 2025
Kennedys Risk Chief Cleared Of Due Diligence Failures
A tribunal has cleared the chief risk officer at Kennedys Law LLP of failing to properly investigate concerns about a fraudulent hotel development plan in which directors swindled investors out of more than £6.5 million ($8 million).
Expert Analysis
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How Companies House Enforcement Powers Are Growing
Companies House's recently increased ability to assess what material is submitted to the U.K. register of companies, and to proportionately enforce where violations have occurred, may require some degree of cultural shift within many companies, say lawyers at Greenberg Traurig.
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How New Sanctions Office Will Affect UK Trade Landscape
The recent launch of the Office of Trade Sanctions Implementation will help to create a more comprehensive civil enforcement terrain, but the potential for multiple investigations means businesses should reassess their systems to ensure they do not inadvertently incur civil liability, says Julia Pearce at Robertson Pugh.
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FCA Savings Update Focuses On Good Customer Outcomes
The Financial Conduct Authority’s recent cash savings update emphasizes its expectations of firms to deliver fair value to consumers by documenting the rationale for actions at each stage, considering customer communications and demonstrating that potential harms are acted upon, say Matt Handfield, Charlotte Rendle and Caroline Hunter-Yeats at Simmons & Simmons.
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Opinion
Why The UK Gov't Should Commit To An Anti-SLAPP Law
Recent libel cases against journalists demonstrate how the English court system can be potentially misused through strategic lawsuits against public participation, underscoring the need for a robust statutory mechanism for early dismissal of unmeritorious claims, says Nadia Tymkiw at RPC.
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5 Takeaways From UK Justices' Arbitration Jurisdiction Ruling
The U.K. Supreme Court's recent judgment in UniCredit Bank v. RusChemAlliance, upholding an injunction against a lawsuit that attempted to shift arbitration away from a contractually designated venue, provides helpful guidance on when such injunctions may be available, say attorneys at Fladgate.
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FCA's Broad Proposals Aim To Protect Customer Funds
The Financial Conduct Authority’s proposed changes to payments firms’ safeguarding requirements, with enhanced recordkeeping and fund segregation, seek to bolster existing regulatory provisions, but by introducing a statutory trust concept to cover customers’ assets, represent a set of onerous rules, says Matt Hancock at Greenberg Traurig.
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Complying With Growing EU Supply Chain Mandates
A significant volume of recent European Union legislative developments demonstrate a focus on supply chain transparency, so organizations must remain vigilant about potential human rights and environmental abuses in their supply chain and make a plan to mitigate compliance risks, say lawyers at Weil.
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Takeaways From Upcoming Payment Fraud Delay Legislation
Lawyers at Hogan Lovells discuss what to know about new legislation that will allow payment service providers to delay payments when third-party fraud is suspected, and share pointers for providers to consider ahead of the Oct. 30 effective date.
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What New EU Packaging Regulation Will Mean For Companies
The forthcoming Packaging and Packaging Waste Regulation aims to regulate the entire life cycle of products from design to end-of-life waste, and will present particularly challenging deadlines for organizations, especially regarding recyclability and substances of concern, say Marcus Navin-Jones and Ward Overlaet at Crowell & Moring.
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Modernizing UK Trade Settlement Standard: The Road Ahead
Andrew Tsang and Tom Bacon at BCLP consider the rationale and challenges of a potential U.K. trade settlement acceleration, part of an initiative to modernize the financial market infrastructure, and suggest that incorporating distributed ledger technology as a synchronized recording system would facilitate the move.
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ICO Reprimand Highlights Importance Of Cookie Use Consent
The Information Commissioner's Office's recent reprimand of Bonne Terre's unlawful use of online advertising cookies confirms that companies using third-party tracking technologies are considered data controllers responsible for ensuring compliance, say Nessa Khandaker and Lynn Parker Dupree at Finnegan.
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Analyzing The Implications Of 1st FCA Crypto ATM Crackdown
The Financial Conduct Authority’s recent criminal prosecution of Olumide Osunkoya, its first enforcement action against a crypto-asset trading firm's owner, is an unambiguous sign of the regulator’s commitment to actively pursue transgressors, but may be a hindrance to the U.K. crypto industry, says Asim Arshad at Lawrence Stephens.
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What EU Antitrust Guidelines Will Mean For Dominant Cos.
The European Commission’s recent draft antitrust guidelines will steer courts' enforcement powers, increasing the risk for dominant firms engaging in exclusive dealing without any apparent basis to shift the burden of proof to those companies, say lawyers at Latham.
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Draft Merger Control Guidance Allows CMA To Cast Wide Net
The Competition and Markets Authority's recent draft merger control guidance, reflecting the regulator's strengthened powers under the Digital Markets, Competition and Consumer Act, introduces extensive change and potential procedural improvements, specifically concerning reviews of private equity firms, say lawyers at Travers Smith.
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Key Points From Cayman's Beneficial Ownership Regime
While recent expansion of the Cayman Islands Beneficial Ownership Act's scope means it now encompasses many entities with previously minimal obligations, the changes ensure a welcome level playing field with workable alternative routes to compliance, says Lucy Frew at Walkers Global.