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Corporate Liability Criminal Liability

BCLP

Vendor Due Diligence and Criminal Liability of the Acquiring Company

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The acquiring company, whatever its form, may be held criminally liable for acts committed by the acquired company prior to the merger. In a judgment of 22 May 2024, published in the Bulletin and in the Lettres de...more

Latham & Watkins LLP

Failure to Prevent Fraud: Corporates Face New Criminal Offence Amid Accountability Crackdown

Latham & Watkins LLP on

Enhanced SFO powers and promises of swifter action on economic crime underscore the importance of anti-fraud measures for corporates and M&A dealmakers. The UK government is cracking down on corporates turning a blind eye...more

K&L Gates LLP

Why Corporates Are Now More Likely to Face Criminal Prosecution for the Actions of Their Employees

K&L Gates LLP on

Significant Expansion to Corporate Criminal Liability Becomes Law in the United Kingdom - On 26 October 2023, the Economic Crime and Corporate Transparency Act (the Act) became law. Under the Act, corporations will become...more

BCLP

How Will Changes to Corporate Criminal Liability Impact the Banking Sector

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The Economic Crime and Corporate Transparency Act was passed by Parliament on 26 October. The Act makes significant changes to the law of corporate criminal liability....more

A&O Shearman

Reform of UK identification doctrine - significant expansion of corporate criminal liability for economic crimes

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Where a criminal offence requires proof of a specific mental state, or ‘mens rea’ (such as intent, recklessness or dishonesty), previously a company could only be found guilty if an individual who represented the company’s...more

K&L Gates LLP

Corporate Criminal Liability – What is Next for the United Kingdom?

K&L Gates LLP on

It is no great secret that criminal enforcement in the United Kingdom against corporations has lagged behind our counterparts in the United States and other jurisdictions. In recent years the UK government has introduced a...more

Hogan Lovells

UK government proposes long-awaited reform to the identification doctrine for economic crime offences

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On 16 June 2023, the Government announced its proposed reforms to the “identification doctrine” for economic crime offences to be introduced in the Economic Crime and Corporate Transparency Bill. The reform will apply only to...more

WilmerHale

Further Significant Reform of UK Corporate Criminal Liability

WilmerHale on

On June 15, 2023, the UK Government announced that it would seek to introduce the biggest reform of corporate criminal liability in England and Wales for more than 50 years. ...more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence published

A&O Shearman on

The UK Government has published a draft ‘failure to prevent fraud’ corporate criminal offence rendering large companies liable for fraud committed by their associates. We consider the draft offence and implications for...more

Hogan Lovells

Corporate criminal liability in Indonesia under the New Criminal Code – is there any difference?

Hogan Lovells on

Corporate criminal liability is not a new concept in Indonesia. However, it is rarely applied given unclear implementing regulation. The New Criminal Code introduces provisions about corporate criminal liability, which are...more

WilmerHale

Kicking the Can? An Analysis of the UK Government’s Response to the Parliamentary Select Committee’s Report on Fraud and the...

WilmerHale on

On 10 January 2023, the UK Government published its response to the Parliamentary Justice Select Committee (the “Committee”) October 2022 report, ‘Fraud and the Justice System.’ The Committee’s report and the...more

WilmerHale

Failure to Prevent Money Laundering

WilmerHale on

On 10 June 2022, the Law Commission published its long-awaited options paper on Corporate Criminal Liability (“the Paper”). The Paper discussed a “failure to prevent money laundering offence” (the “FTPML Offence”), but did...more

Hogan Lovells

Zaostrzenie odpowiedzialności podmiotów zbiorowych – nowe plany rządu

Hogan Lovells on

W ostatnim czasie rząd zaprezentował założenia nowelizacji ustawy o odpowiedzialności podmiotów zbiorowych za czyny zabronione pod groźbą kary. Jest to akt nakładający odpowiedzialność na korporacje za czyny popełnione przez...more

Hogan Lovells

Tightening the liability of collective entities - new government plans

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The government recently presented the assumptions of the amendment to the Act on the Liability of Collective Entities for Criminal Offences. This is an act that imposes liability on corporations for acts committed by persons...more

BCLP

Potential reforms to the UK’s model for criminal liability: should we be concerned?

BCLP on

On 10 June 2022, the Law Commission published its long awaited paper setting out ten options that are available to the Government for reform of the common law principles governing corporate criminal liability in the UK. In...more

Jenner & Block

Anti-Corruption Enforcement - 2021 Year in Review

Jenner & Block on

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we...more

A&O Shearman

Get ready for an uptick in FCPA / anti-corruption enforcement

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The U.S. Biden administration has announced a detailed new anti-corruption strategy, naming corruption as a core national security interest....more

A&O Shearman

UK corporate criminal liability reform

A&O Shearman on

The UK Government has asked the Law Commission to review the law on corporate criminal liability and propose options for reform. Supporters of reform will use recent failures of the UK Serious Fraud Office to prosecute large...more

A&O Shearman

A decade of the UK Bribery Act - lessons for companies from enforcement actions so far

A&O Shearman on

The UK Bribery Act 2010 (UKBA) turns ten years old on Thursday. What can companies learn from concluded UKBA enforcement actions in the past decade?...more

Hogan Lovells

New and improved? Corporate liability for corruption in Malaysia

Hogan Lovells on

SEA View, Article XV: May 2021 - Section 17A of the Malaysian Anti-Corruption Commission Act raises the possibility of corporate liability for corruption in addition to personal liability for board and senior management...more

A&O Shearman

UK corporate criminal liability reform creeps forward

A&O Shearman on

The UK Law Commission is considering whether corporate criminal liability law should be reformed and two weeks ago MPs proposed a new economic crime corporate offence to be included in the Financial Services Bill. What is the...more

Oberheiden P.C.

Corporate Intelligence & Investigations

Oberheiden P.C. on

Today’s modern world enables complex business transactions to occur both within the United States as well as abroad in cross-border activities. Many of these transactions pose significant risks to business operations and the...more

WilmerHale

Can Kicking and Buck Passing: Reform of Corporate Criminal Liability

WilmerHale on

In January 2017, the UK Government issued a consultation paper calling for evidence on reforming corporate criminal liability for economic crime. Nearly four years later, on 3 November 2020, the Government’s response was...more

BCLP

Corporate Criminal Liability – some practical proposals from Australia

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The Australian Law Reform Commission (the “ALRC”) has proposed a number of reforms to Australia’s federal corporate criminal liability regime. The entire document bears close examination. In this article, we focus on the...more

Foley Hoag LLP - White Collar Law &...

White Collar Year in Preview: False Claims Act Trends in 2020

Editors’ Note: This is the fourth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed anti-corruption trends in 2020. Up next: a look...more

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