Latest Publications

Share:

Culture and conduct through the lens of the UK’s Senior Managers and Certification Regime

Speaking on 20 September 2017, Jonathan Davidson—Director of Supervision for Retail and Authorisations at the Financial Conduct Authority (“FCA”)—addressed the issue of culture and conduct in financial services, in light of...more

Criminal justice: How best to stop economic crime

Speaking at the 35th annual Cambridge International Symposium on Economic Crime, Robert Buckland QC MP, the Solicitor General for England and Wales, and David Green QC, Director of the SFO, addressed the question, “Preventing...more

Less ‘boondoggle’, more ‘fair, reasonable and proportionate’: the use of corporate monitors in UK Deferred Prosecution Agreements

A common feature of corporate criminal disposal in the US for several decades, the use of corporate monitors in the UK in the same period has been, at best, sporadic. This was expected to change with the introduction of...more

Law Society practice note on legal professional privilege: call-to-arms or helpful restatement?

This article considers the Law Society practice note on legal professional privilege (LPP) published on 23 February 2017, in the light of public statements by the UK's Serious Fraud Office (SFO) that companies under...more

Tesco: The Serious Fraud Office secures its fourth Deferred Prosecution Agreement

On 10 April 2017, the Serious Fraud Office (“SFO”) entered into a Deferred Prosecution Agreement (“DPA”) with Tesco Stores Limited (“Tesco Limited”), as part of which Tesco Limited will pay a £129 million financial penalty...more

Lessons learned from the Rolls-Royce Deferred Prosecution Agreement

On 17 January 2017, Sir Brian Leveson, the President of the Queen’s Bench Division, declared that the proposed Deferred Prosecution Agreement ("DPA") between the SFO and Rolls-Royce plc and Rolls-Royce Energy Systems Inc...more

Aim for the crime, shoot for the cover-up: the SFO secures a conviction for destroying evidence

The factual proof of a financial crime is typically found in the financial data and supporting documentation. Given the evidential obligation on investigative and prosecutorial bodies to identify, collect, verify and analyse...more

A Work in Progress: The Legal Function and the FCA's Senior Managers' Regime

The Senior Managers and Certification Regime (the “Regime”) came into force on 7 March 2016, with the stated aim of enhancing and embedding a culture of individual responsibility and accountability within the UK’s banking...more

The UK’s second DPA: a hopeful judgment

The approval of the Deferred Prosecution Agreement (DPA) between the Serious Fraud Office (SFO) and XYZ Limited (XYZ) by Leveson LJ on 8 July 2016 has generated much breathless commentary, not least because it is only the...more

A transatlantic consideration of recent developments in corporate self-reporting

More carrot, less stick? On 5 April 2016, the Fraud Section of the US Department of Justice’s (DOJ) Criminal Division issued an Enforcement Plan and Guidance (the DOJ Guidance), setting out the steps that it is taking to...more

The devil is in the detail: call for global standards for corporate settlements in foreign bribery cases

March 16, 2016, saw the OECD host an Anti-Bribery Ministerial meeting in Paris to discuss how to strengthen the implementation of its Anti-Bribery Convention. In the run up to the meeting, the respective heads of Corruption...more

UK's Serious Fraud Office Secures First Deferred Prosecution Agreement

On 30 November 2015, Lord Justice Leveson formally approved the UK's first deferred prosecution agreement (DPA) since the legislative scheme for such arrangements came into force on 24 February 2014. The introduction of DPAs...more

High Court Reaffirms the Broad Scope of Legal Advice Privilege

In a High Court ruling on 5 November 2015, Mr. Justice Snowden helpfully reaffirmed the established precedent that legal advice privilege is not confined to telling the client the law: it may also attach to factual updates...more

A Confidential Consultation?

The Court of Appeal reaffirms the qualified nature of legal professional privilege. In the recent case of R v Edward Brown (formerly Latham) the Court of Appeal held that it was appropriate, in certain circumstances, to...more

UK's Serious Fraud Office Secures LIBOR Conviction

On Monday, August 3, Tom Hayes was convicted and sentenced to 14 years’ imprisonment for his part in the manipulation of the London Interbank Offered Rate (LIBOR). The result has attracted attention because it was the first...more

15 Results
/
View per page
Page: of 1

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.