News & Analysis as of

Criminal Justice Act

A&O Shearman

Extended pre-investigative powers for the UK Serious Fraud Office coming soon

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The UK Government is expanding the scope of the Serious Fraud Office’s (SFO) power to compel individuals and companies to provide information before a formal SFO investigation is commenced. Currently the power can only be...more

Dechert LLP

Insider Dealing: Updates to the UK Criminal Regime

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On 15 June 2023, The Insider Dealing (Securities and Regulated Markets) Order 2023 (the “2023 Order”) came into force. The 2023 Order seeks to align certain outdated aspects of the UK’s criminal insider dealing regime under...more

Goodwin

Change to UK Insider Dealing Laws: A Step Towards Coherence

Goodwin on

On 17 April 2023, HM Treasury (HMT) published the draft Insider Dealing (Securities and Regulated Markets) Order 2023 (the Order) and an explanatory memorandum. The Order brings the list of securities captured under the...more

Lowenstein Sandler LLP

Bail Reform: New York’s mistakes must not jeopardize New Jersey’s success

After years of steady declines in violent and other criminal activity in New Jersey, the COVID-19 pandemic has coincided with increases in crime both here in New Jersey and around the country. While New Jersey still has much...more

Morrison & Foerster LLP

UK Quarterly Review: Business Crime, Investigations, And Regulatory Enforcement

In our Quarterly Review, we bring you important UK developments relating to business crime, investigations, and regulatory enforcement from the last three months. As the UK gets used to life outside the EU and implements...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments For February 2021

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Jones Day

UK Supreme Court Limits Serious Fraud Office's Extraterritorial Powers

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The Issue: The UK Supreme Court was asked to decide whether section 2 of the Criminal Justice Act 1987 granted the Serious Fraud Office ("SFO") powers to compel the production of documents held outside the United Kingdom. ...more

White & Case LLP

KBR – no paradigm shift for the SFO. We look back at what is.

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Much has been made of the Supreme Court's decision earlier this month in KBR, Inc. v Director of the Serious Fraud Office, in which it confirmed the limits on UK authorities' reach overseas in anti-corruption investigations....more

Skadden, Arps, Slate, Meagher & Flom LLP

English Supreme Court Limits Serious Fraud Office’s Extraterritorial Reach

On 5 February 2021, the UK Supreme Court ruled that the Serious Fraud Office (SFO) could not force a foreign company to hand over material that it holds abroad through a notice issued under Section 2(3) of the Criminal...more

Vinson & Elkins LLP

Flying Too Close To The Sun: The U.K. Supreme Court Places New Limits On The SFO’s Overseas Investigative Power

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In a striking rebuke, the U.K. Supreme Court found that the U.K. Serious Fraud Office (“SFO”) overstepped its authority when it tried to access corporate documents from the United States. The U.K. Supreme Court’s message to...more

WilmerHale

UK Supreme Court Ruling on Territorial Extent of SFO's Powers Impacts SFO’s Evidence Gathering Capabilities

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On February 5, 2021 the Supreme Court handed down judgment in the case of R (on the application of KBR, Inc) v Director of the Serious Fraud Office, finding in favor of the Appellant, KBR, Inc (KBR). This high-profile case...more

Morrison & Foerster LLP

Serious Fraud Office Document Requests Not Effective Against Non-UK Companies

On 5 February 2021, the UK Supreme Court handed down its judgment in the case of SFO v KBR, in which it unanimously held that the Serious Fraud Office (SFO) cannot use its statutory power to gather information under section...more

WilmerHale

UK Supreme Court Rules on Territorial Extent of SFO’s Powers

WilmerHale on

On February 5, 2021 the Supreme Court handed down judgment in the case of R (on the application of KBR, Inc) v Director of the Serious Fraud Office, finding in favor of the Appellant, KBR, Inc (KBR). This high-profile case...more

BCLP

If the SFO did wish lists…

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On 8 October 2020, Lisa Osofsky spoke to the Royal United Services Institute about future challenges in tackling the world of economic crime. Most eye-catching was her ‘wish list for the SFO’, which outlined three desired...more

Patterson Belknap Webb & Tyler LLP

Court Holds Defendants Entitled to In Forma Pauperis Status on Appeal Regardless of Merits

On December 6, 2019, the Second Circuit (Calabresi, Pooler, Park) issued a published per curiam decision in United States v. Kosic (Nunez), concerning the defendant-appellant’s motion for in forma pauperis (“IFP”) status in...more

White & Case LLP

Plus ça change… the SFO’s approach to Section 2 Interviews

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The approach of the Serious Fraud Office (the “SFO”) to compelled interviews is a longstanding source of frustration for criminal defence lawyers. The beginning of Lisa Osofsky’s tenure as Director and the introduction of...more

Patterson Belknap Webb & Tyler LLP

Missing Texts, Unfair Trial: Second Circuit Remands Case for Possible Brady Violations and Sentencing Irregularities

In United States v. Djibo, the Second Circuit vacated and remanded a judgment of conviction entered in the Eastern District of New York (Johnson, J.) following the defendant’s trial on charges arising from an international...more

Patterson Belknap Webb & Tyler LLP

Circuit Remands Restitution Order for Further Consideration of Indigent Defendant’s Right to Counsel and Application for Expert...

In United States v. Torriero, the Second Circuit (Chin, Droney, Restani by designation) vacated by summary order a $765,561 restitution order relating to costs incurred by the EPA in cleaning up a property that the defendant...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Cause for Denial of Criminal Justice Act Funds

Bass, Berry & Sims attorney Chris Lazarini examined a case in which an indigent defendant sought to obtain Criminal Justice Act (CJA) funds to retain an expert. The court denied the defendant access to CJA funds because the...more

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