Neil Gerrard

Neil Gerrard

Dechert LLP

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New UK Sentencing Guidelines - What Does This Mean For Corporates?

The Sentencing Council’s Definitive Guidance for Fraud, Bribery and Money Laundering Offences (the “UK Guidelines”) came into force on 1 October 2014. The UK Guidelines set out a ten step process for sentencing and apply to...more

10/9/2014 - Bribery Corporate Crimes Corporate Criminal Fines Criminal Prosecution Federal Sentencing Guidelines Fraud Money Laundering UK

UK Government Proposes New Insider Dealing Powers in the Wholesale Energy Markets

The Department of Energy and Climate Change published a Consultation on 6 August 2014 seeking views on its proposals to introduce new criminal offences for insider dealing in and the manipulation of the wholesale energy...more

9/8/2014 - Energy Market Energy Policy EU Insider Trading Market Manipulation REMIT Strategic Enforcement Plan UK Wholesale

No Financial Incentives for Whistleblowers in the UK

The Financial Conduct Authority (FCA) and the Bank of England Prudential Regulation Authority (PRA) published a report on 30 July 2014 that recommends that no financial incentives are given to whistleblowers. This differs...more

8/7/2014 - FCA Prudential Regulation Authority UK Whistleblower Awards Whistleblowers

What Price a DPA? Navigating Unchartered Waters

From today, Deferred Prosecution Agreements (“DPA”s) will be available in the UK to the Serious Fraud Office (“SFO”) and the Crown Prosecution Service (“CPS”) as a method for disposal of corporate criminal cases relating to...more

2/24/2014 - Criminal Prosecution Deferred Prosecution Agreements SFO UK

Update on the UK Confiscation and Restraint Regime

The National Audit Office has published a report dated 17 December 2013 (the “NAO Report”) on confiscation orders, which are the main mechanism that the UK Government uses in carrying out its policy to deprive criminals of...more

12/19/2013 - Criminal Proceeds EU Forfeiture Frozen Assets Restraining Orders UK

Private Equity Newsletter - Autumn 2013 Edition: Investing in Emerging Markets: Are You Managing Your Risks?

In times of austerity in Europe and America, emerging markets such as Africa, China, India, Latin America, the Middle East and CIS are increasingly offering the key opportunities for growth and investment returns for private...more

10/17/2013 - Bribery Corruption Emerging Markets Investors Private Equity Risk Assessment Risk Management SFO

SFO Brings First Bribery Act Charges in the UK - What Does This Mean for Your Company?

The Serious Fraud Office (“SFO”) brought fraud related charges against three directors and one employee of Sustainable AgroEnergy plc (“SAE”), a subsidiary of Sustainable Growth Group (“SSG”) on 14 August 2013, as part of a...more

8/20/2013 - Biofuel Bribery Compliance Investment Fraud SFO UK UK Bribery Act

Private Prosecutions - An Often Overlooked Method of Corporate Enforcement in England and Wales

In Ireland, a hotelier has initiated a private prosecution against a current and a former employee of an Irish bank. The hotelier was a director and shareholder of two companies which apparently owed a significant amount to...more

8/2/2013 - Convictions Criminal Prosecution Directors Enforcement Hotels Shareholders UK

Has the FCA started as it means to go on?

Has the Financial Conduct Authority (“FCA”) in the UK started as it means to go on? The FCA recently fined a UK subsidiary of a private Swiss Bank for failing to establish and maintain effective anti-money laundering controls...more

5/18/2013 - Anti-Money Laundering Banks EU Financial Conduct Authority Financial Services Authority Prudential Regulation Authority Sanctions

HM Revenue & Customs - Tax Evasion Enforcement

There has been much publicity regarding tax avoidance of late in the UK. In the age of austerity, tax avoidance by companies is scruitnised by the press and is a hot topic with the public....more

5/7/2013 - Criminal Prosecution Customs EU Tax Avoidance Tax Evasion Tax Fraud

New Anti-Corruption Provisions in EU Legislation: Increased Accountability for Mining, Oil and Gas Companies

Large non-listed companies incorporated in the European Economic Area (“EEA”) which operate in the oil, gas and mining sectors will need to annually disclose any payments made to the national, regional or local authority of a...more

4/11/2013 - Anti-Corruption Dodd-Frank EU Mining Oil & Gas Proposed Amendments Transparency

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