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Corporate Crimes

Corporate Criminal Liability – Perspectives from the US, UK and France

by Bryan Cave on

Shakespeare’s observation that the “past is prologue” certainly applies to corporate criminal liability in the UK and France, as these jurisdictions embrace with gusto corporate prosecutions akin to those pursued in the US...more

What enforcement tools are in the armoury of prosecutors in the US, UK and France?

by Bryan Cave on

Summary: Deferred prosecution agreements have been widely used by US prosecutors since the early 2000s. Prosecutors in the UK and France only obtained this power in 2014 and 2016 respectively – but they are making up for...more

Canada's 2018 budget heralds introduction of deferred prosecution agreements for corporate wrongdoing

by Dentons on

For those interested in white collar enforcement trends in Canada, the 2018 Budget (the “Budget”), contained some important news. Specifically, as part of a broader commitment to “strengthening [Canada’s] approach to...more

Another Step Forward: Canada Announces Impending DPA Legislation and Further Integrity Regime Amendments

On February 22, 2018, Public Services and Procurement Canada (PSPC) released the results of its public consultation on corporate wrongdoing and announced impending legislative and policy changes that will reshape Canada’s...more

Fight Against Corruption: Quebec Grants UPAC Greater Independence, Authorizes Agreements with Cooperating Witnesses

The recommendations of the Charbonneau Commission report filed in November 2015 continue to resonate within the Quebec legislative landscape. An Act to increase the jurisdiction and independence of the Anti-Corruption...more

HMRC's Online Register of Trusts: Why You May Need to Take Action Now

by Womble Bond Dickinson on

If you are the trustee of a non-UK trust which has UK assets or UK sources of income, you need to take action before 5 March 2018 or face potential civil and even criminal penalties. The EU's Fourth Anti-Money Laundering...more

Supreme Court to Review Reimbursements for Internal Investigation Costs

by McGuireWoods LLP on

Last week, the Supreme Court agreed to resolve a circuit split over when the costs of an internal investigation can be recovered under the Mandatory Victims Restitution Act (MVRA). The MVRA, which requires convicted criminals...more

Businesses face unlimited fines for failure to prevent facilitation of tax evasion

by Womble Bond Dickinson on

Introduction - As part of a global crackdown on tax evasion, the Criminal Finances Act 2017 (the Act) introduced a new offence. From 30 September 2017, an organisation commits a criminal offence if an employee or...more

The Sapin II Act: New Perspectives on Cross-Border Investigations

On November 30, 2017, the Institut des Hautes Etudes sur la Justice (IHEJ) and Skadden hosted a roundtable at the Cercle de l’Union Interalliée in Paris to discuss new perspectives on the Sapin II Act and cross-border...more

UK Government Announces National Economic Crime Centre

by Ropes & Gray LLP on

The UK Home Secretary, Amber Rudd, announced earlier this week that the UK Government plans to set up a new National Economic Crime Centre (NECC) to be hosted within the UK’s National Crime Agency (NCA). The focus of the NECC...more

Reform of Australia's foreign bribery laws, and introduction of deferred prosecution agreements

by DLA Piper on

At a glance - On 6 December 2017, the Attorney General, Senator Brandis, introduced the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 (Bill) to the Senate (available here). The Bill introduces two...more

DOJ Announces Revised FCPA Corporate Enforcement Policy

In a speech yesterday at the 34th International Conference on the Foreign Corrupt Practices Act, U.S. Deputy Attorney General Rod Rosenstein announced the Department of Justice’s (DOJ) revised Foreign Corrupt Practices Act...more

Facilitating tax evasion: how to avoid being unwittingly caught by the Criminal Finances Act 2017

by White & Case LLP on

The Criminal Finances Act 2017 came into force on 30th September 2017. It has introduced a new corporate criminal offence of failing to prevent tax evasion. This new offence is aimed at companies who have failed to put in...more

Business Litigation Report - September 2017

September 2017: An Update on UK Tax Disputes Including the New UK Corporate Criminal Offense: What Is It and What Should You Do About It? - Introduction - Across the world, tax authorities are becoming more aggressive...more

September 2017: An Update on UK Tax Disputes Including the New UK Corporate Criminal Offense: What Is It and What Should You Do...

Across the world, tax authorities are becoming more aggressive and have sharpened their focus on corporates and multinationals. As a result, tax audits, investigations and disputes have increased significantly, both at the...more

Criminal justice: How best to stop economic crime

by WilmerHale on

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

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

UK Enacts New Offences of Corporate Facilitation of Tax Evasion

The Criminal Finances Act 2017 (the Act) will enter into force in the UK on September 30, 2017, creating new corporate criminal offences in respect of the facilitation of tax evasion. Adopting the same approach as the offence...more

Indonesia – The Fight Against Corruption Targets Companies

by K&L Gates LLP on

Indonesia’s fight against systemic public sector corruption commenced in earnest following the Asian Financial Crisis and the subsequent fall of President Suharto’s reign. As a condition of the bail out package received in...more

Failure to Prevent the Facilitation of Tax Evasion: New United Kingdom Corporate Criminal Offence

by Proskauer - Tax Talks on

As mentioned in our July 2017 edition of UK Tax Round Up, the UK has enacted a new corporate criminal offence of failing to prevent the facilitation of tax evasion. The law comes into effect on 30th September 2017, and...more

Judge Donato Rejects Corporate Pleas in Capacitor Cases

U.S. District Court Judge James Donato, of the Northern District of California, caught the attention of criminal antitrust litigators over the last several months with his refusal to accept the guilty pleas of three...more

Infusing Corporate Culture with Accountability

by Michael Volkov on

If you are a fan of Simon Sinek, you will understand and probably agree with the thrust of this posting. Sinek is a great motivational and business speaker. Many of his observations are spot-on and I would urge you to review...more

Tracking down bad guys, online and off

Q.When we think of the words ‘corporate investigator,’ you don’t exactly fit our stereotype, yet that’s clearly what you are. What are we missing? What does a corporate investigator do these days?...more

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

by WilmerHale on

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

Personal Jurisdiction: A New Battlefront in Corporate Criminal Cases

by Jones Day on

The U.S. Supreme Court in recent years has been steadfast in cabining the authority of state courts to assert personal jurisdiction over corporate defendants in civil cases. In 2017, the Court has continued this trend on...more

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