Crime, fraud and licensing | 01 June 2013

Over recent months, international 
sanctions and export controls have 
featured heavily in the news; the recent escalation of tension in the Korean peninsula, the ongoing conflict in Syria 
and Iran’s continued attempts to develop nuclear weapons are all examples of international situations where sanctions 
or trade controls are in force. Even 
though these are examples that attract headlines, there are multiple pitfalls in 
other less high-profile countries and industries in which an unaware company can slip up and which can result in serious implications for the company and the individuals involved. It therefore seems 
like a sensible time to provide an introduction to those unfamiliar with 
the area as well as identify key areas 
of potential concern for those in an 
in-house/compliance role. 
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Crime, Fraud and licensing | 01 May 2013

The start of a dawn raid is often the first time a company or individual learns that they are the subject of an investigation. Knowing what to do during the first minutes of a dawn raid is vital. Ensuring that a company’s receptionist, employees and senior management all know what role they have to play in effectively managing the arrival of investigators at the company’s front door and the subsequent search is essential. Attempting to formulate such a plan of action once the raid has begun is not practical and therefore the key to handling a dawn raid is preparation and detailed planning. 
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Corporate & Commercial | 01 April 2013

Following the recent Supreme Court decision in R (on the application of Prudential plc) [2013], confirming that legal advice privilege does not attach to accountants or anyone else outside the legal profession, this seems an appropriate time to revisit the application of the principles of privilege within the context of internal investigations. We examine in this article the key issues relating to privilege that thoes conducting internal investigations should be aware of, predominantly in England and Wales, but also, where applicable, from a US and European law perspective. [Continue Reading]

Crime, fraud and licensing | 26 February 2013

In our November article, ‘Establishing the criminal liability of corporations’, we looked at how liability for criminal offences can attach to corporations, where the commission of the offence is attributable to someone who was at the material time the ‘directing mind and will’ of the company.1 This article looks at the related issue of how criminal liability can attach to individual directors and senior officers as a result of actions taken by those whom they manage.
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Crime, Fraud and licensing | 01 December 2012

There can surely be few enterprises carrying on a business in the UK who remain unaware of the provisions of the UK Bribery Act 2010 (the Bribery Act). That such enterprises may be prosecuted in the UK courts for their failure to prevent bribery committed on their behalf, however far flung the location, has been the hot legal topic for at least the last 18 months.
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Crime, fraud and licensing | 01 November 2012

In the government’s recent 
consultation on the introduction of 
deferred prosecution agreements (DPAs), one of the reasons given in favour of them was that DPAs would assist with the difficulties of establishing the necessary mens rea of many corporate criminal offences.1 The logic of this is questionable, but, given the current focus on DPAs as a potential enforcement tool, it is worth exploring why corporations are so difficult to prosecute under the current law, and the possible alternatives. 
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Crime, fraud and licensing | 01 October 2012

The beginning of any kind of internal investigation is a fraught time for in-house lawyers. Whether the investigation has 
been triggered by suspected corrupt conduct, accounting irregularities or the inklings of attention from a prosecutor, things usually need to happen fast and thinking time can be scarce. [Continue Reading]

Crime, fraud and licensing | 01 September 2012

When David Green QC took over from Richard Alderman as director of the Serious Fraud Office (SFO) in April this year, he inherited an organisation in crisis. Still reeling from budget cuts and speculation over its future in 2011, the SFO was fast heading for an embarrassing defeat in one of its most highly publicised cases – its criminal investigation into Vincent Tchenguiz, a high-profile businessman and one of several individuals arrested in a blaze of publicity in March last year in relation to the collapse of Kaupthing Bank hf. [Continue Reading]

Crime, fraud and licensing | 01 July 2012

After many months promoting the introduction of Deferred Prosecution Agreements (DPAs) in the UK, the solicitor general, Edward Garnier QC, is close to securing his goal. With strong government backing, the support of the incoming director of the Serious Fraud Office (SFO), and, according to Mr Garnier, of the city firms and non-governmental organisations he has consulted, he is confident they will be introduced in the UK by the end of the year, following a consultation period that ends in August.

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