Regulatory investigations by the Central Bank of Ireland | Dillon Eustace

In recent years the size of the administrative fines imposed by the Central Bank of Ireland (CBI) in enforcement cases has significantly increased. This article gives an overview of the CBI’s enforcement regime, including the compulsory information gathering-powers that the CBI has at its disposal and the scenarios in which these powers could be used …

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White-collar crime: the specialists’ view | Edmonds Marshall McMahon

Kate McMahon and, Tamlyn Edmonds of Edmonds Marshall McMahon discuss their approach to white-collar crime investigation and the unique role that specialist firms can play.

White-collar fraud – the anatomy of a court case | Edwards Duthie Solicitors

Being a director or senior officer of a corporate organisation has a number of responsibilities. With these is a corresponding liability when things go awry. These include the possibility of a prosecution if the criminal law has been breached.

The structure of an internal investigation | Esin Attorney Partnership

Internal investigations can be challenging – they are fast paced, highly sensitive, completely confidential and necessitate strategic choices at every turn. They require a steady hand at the helm, guided by the most accurate and precise information available at the time. Internal investigations combine a number of skills such as crisis management, damage control and …

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Criminal Finances Act: another change to the corporate legal landscape | GoodCorporation

With investigations such as the Paradise Papers and LuxLeaks placing tax arrangements squarely under the spotlight, it seems clear that businesses as well as wealthy individuals need to consider tax planning from a reputational as well as a legal perspective. In the eyes of the public, there is scant difference between tax evasion and aggressive …

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Company investigations: a ten-point plan | Kingsley Napley LLP

When a company learns that there may have been serious misconduct within the organisation, one option is for it to conduct its own internal investigation to establish what has happened, who is liable and how to make sure that it does not happen again. A company investigation may take place either instead of or in …

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White collar and related investigations – the trends you need to know | Morgan, Lewis & Bockius

Political and public pressures continue to drive significant changes in the approach to criminal corporate enforcement throughout the world. The UK has proved no exception and in September 2017 the Criminal Finances Act 2017 created another strict liability criminal offence for businesses, for failing to prevent facilitation of UK or foreign tax evasion.

White-collar crime: law on dishonesty re-written | Simmons & Simmons

For 35 years the standard test for dishonesty in criminal trials has been that set out by the Court of Appeal in R v Ghosh. But last month, the Supreme Court overturned this authority in obiter comments in the judgment of Ivey v Genting Casinos. We examine the reasoning behind this decision and its likely …

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New law and the future for law firms | Eversheds Sutherland

David Boyd, partner in Eversheds Sutherland Consulting and previous head of banking for the firm talks about the changes in the legal market and how solutions deemed ‘new law’ are becoming the future in the way legal teams work.

Liabilities of Directors and Officers in Austria – Introduction and Risk Mitigation through D&O Insurance | Vavrovsky Heine Marth Rechtsanwalte GmbH

Austrian law regards directors and officers as fiduciaries of their respective company (or rather: its shareholders). This is because, as a basic principle, executives do not usually manage their own assets but rather assets belonging to third parties.