News & Analysis as of

Criminal Liability United Kingdom Corporate Liability

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

BCLP on

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

A&O Shearman on

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

Hogan Lovells on

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

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

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

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

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

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

A&O Shearman

Fair corporate criminal liability trial despite absence of company’s directing mind

A&O Shearman on

The Court of Appeal has refused to grant a company leave to appeal its conviction for conspiracy to corrupt, notwithstanding that the directors who constituted the company's directing mind were not present at the trial and...more

WilmerHale

The House of Lords’ Report on the Bribery Act 2010: A Glimpse Into the Future of Economic Crime?

WilmerHale on

On 14 March 2019, the Select Committee on the Bribery Act 2010 published its Report in which it makes a number of conclusions and recommendations. The Committee was given the task not only of conducting post-legislative...more

Akin Gump Strauss Hauer & Feld LLP

UK Jury Verdict Clarifies “Adequate Procedures” Under UK Bribery Act

In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more

WilmerHale

Failure to prevent – the future of corporate criminal liability

WilmerHale on

Since a 1971 dispute over the pricing of washing powder, English law has required that for acts to be attributable to a corporation they must represent the directing mind and will of that organisation. The “identification...more

A&O Shearman

Financial crime and investigations update for UK corporates

A&O Shearman on

The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of two new corporate criminal...more

A&O Shearman

New tax evasion facilitation offences in force 30 September 2017

A&O Shearman on

Two new corporate criminal offences come into force on 30 September 2017. The new offences can make a company criminally liable if it fails to prevent the facilitation of UK or non-UK tax evasion by an employee, agent or...more

A&O Shearman

Corporate criminal liability risk increases for financial services

A&O Shearman on

The Criminal Finances Act 2017, which received Royal Assent last week, contains the largest expansion of UK corporate criminal liability since the Bribery Act 2010 and one of the most significant overhauls of money laundering...more

Cooley LLP

Blog: Government Considering Reform To Hold Companies More Accountable For Economic Crime

Cooley LLP on

The Ministry of Justice has announced that it has commenced a consultation with businesses on the introduction of legislation aimed at tackling corporate economic crime and is seeking views on the extent to which reform is...more

A&O Shearman

Reform of corporate criminal liability for economic crime

A&O Shearman on

On 13 January, the UK Ministry of Justice issued a Call for Evidence on the reform of corporate criminal liability for economic crime. This follows statements by the UK government in 2016 about extending corporate criminal...more

28 Results
 / 
View per page
Page: of 2

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide