“It has no soul to be damned and no body to be kicked”. How, then, can a company be held criminally liable? Various jurisdictions have grappled with this question and recent developments in the UK have increased the...more
11/20/2020
/ Barclays ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Executives ,
Corporate Liability ,
Corporate Officers ,
English Common Law ,
Fraud ,
UK ,
UK Bribery Act ,
UK Corporate Criminal Offense ,
Vicarious Liability
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
1/30/2020
/ ASIC ,
Australia ,
Corporate Counsel ,
Corporate Culture ,
Corporate Liability ,
Corporate Misconduct ,
Criminal Code ,
Criminal Liability ,
Discussion Draft ,
Enforcement ,
Proposed Standards ,
Serious Fraud Office (SFO) ,
UK Bribery Act ,
Vicarious Liability ,
White Collar Crimes
On 16 July 2019, three individuals were acquitted of conspiracy to corrupt and conspiracy to bribe. On the basis of the same evidence, their employer, Sarclad Limited, had previously admitted corporate criminal liability and...more
The government published in May 2019 its responses to two Committee reports on financial crime. First, the House of Commons Treasury Committee on 8 March 2019, published its report on “Economic Crime – Anti-money laundering...more
6/10/2019
/ Aiding and Abetting ,
Anti-Money Laundering ,
Corporate Liability ,
Enforcement Actions ,
Failure to Prevent ,
Financial Crimes ,
Information Reports ,
Internal Controls ,
Serious Fraud Office (SFO) ,
UK ,
UK Bribery Act ,
UK Criminal Finances Act 2017
This is the third in a series of articles in which members of BCLP’s White Collar team review the recent report of the House of Lords Select Committee’s, entitled “The Bribery Act 2010: post-legislative scrutiny”. Here we...more