News & Analysis as of

Criminal Liability United Kingdom Serious Fraud Office (SFO)

BCLP

Confronting and Mitigating Against Corruption

BCLP on

Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more

Seyfarth Shaw LLP

UK Criminal Liability Alert: Safeguarding Companies Operating in the UK From the Actions of Their Employees

Seyfarth Shaw LLP on

New criminal laws in the UK will make companies more vulnerable to criminal prosecution for the acts of their employees and agents than ever before. The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) introduces...more

WilmerHale

UK Criminal Enforcement Update - Spring 2024

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Recent weeks have seen several notable developments in the UK criminal enforcement landscape...more

Mayer Brown

UK corporate criminal liability: changes so far and changes coming – have you prepared?

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On 26 October 2023, the Economic Crime and Corporate Transparency Act 2023 (the "Act" or "EECTA")  received royal assent and became law. The Act introduced a number of changes, some of which came into effect immediately and...more

Hogan Lovells

Reforming the legal test for Corporate Criminal Liability in England – a panacea or a placebo?

Hogan Lovells on

It’s certainly true that the UK criminal authorities have been crying out for a shot in the arm in the form of legislative reform, but will changing the law really help the Serious Fraud Office ("SFO") achieve more corporate...more

WilmerHale

Radical reforms of UK corporate criminal liability receive Royal Assent

WilmerHale on

After a laborious passage through the United Kingdom Parliament, the Economic Crime and Corporate Transparency Act (the Act) received Royal Assent on 26 October 2023. The Director of the UK Serious Fraud Office (SFO) hailed...more

Morrison & Foerster LLP

Q&A: The Economic Crime and Corporate Transparency Act

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Headlines- • The Economic Crime and Corporate Transparency Act (the “Act”) is part of a wide legislative package to prevent abuse of UK corporate structures and tackle economic crime and received Royal Assent on 26 October...more

Latham & Watkins LLP

Food for Thought: Individuals Remain in SFO’s Sights as Four From Patisserie Valerie Charged With Fraud

Latham & Watkins LLP on

Individuals continue to face risk from prosecutions for economic crime, despite media focus on corporate criminal liability reforms. Four individuals have today appeared at Westminster Magistrates’ Court charged with fraud...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

A&O Shearman

An expansion of the corporate criminal liability net: the new “failure to prevent” criminal offence

A&O Shearman on

Following an intense and lengthy period of speculation, on 8 February 2023 the UK Government confirmed the introduction of a new “failure to prevent” corporate criminal offence. The new offence will be introduced by way of...more

Cooley LLP

Corporate Criminal Liability in the UK – What’s Next?

Cooley LLP on

On 10 June 2022, the UK Law Commission published the results of its review into the laws that govern corporate criminal liability in the UK and its proposals to reform them. There has been a long-held concern amongst...more

A&O Shearman

UK corporate criminal liability reform

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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

WilmerHale

Bribery Act 2010: Ten Years On

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Ten years have passed since the introduction of the UK’s primary anti-corruption law, the Bribery Act 2010 (“the Act”). This article examines the extent to which the Act has lived up to its billing as the international “gold...more

WilmerHale

Did Tesco Act Too Hastily in Entering Into DPA Negotiations? (Serious Fraud Office v Tesco Stores Ltd)

WilmerHale on

What is the background to this DPA and why is it only now being published? On 29 October 2014, the SFO opened an investigation into Tesco Stores Ltd in relation to a suspected offence of false accounting, contrary to...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

BCLP

The UK’s Anti-Money Laundering framework is on the cusp of a facelift – are you ready for it?

BCLP on

With the UK on the brink potentially of exiting the EU and business certainty at an all-time low, the Government faces enormous pressure to ensure that the UK remains an attractive place to do business. One very significant...more

Latham & Watkins LLP

Firsts for UK SFO with in principle false accounting DPA, and for FCA with market abuse compensation, against Tesco

Latham & Watkins LLP on

Following a two-year investigation, Tesco PLC has announced that its subsidiary Tesco Stores Limited (Tesco Ltd) had agreed in principle the terms of a Deferred Prosecution Agreement (DPA) with the UK Serious Fraud Office...more

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