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  • Article

    Corporate Criminal Liability For Failure To Prevent Money Laundering

    On 28 January 2022 the Government of Jersey launched a consultation, which closes on 21 February 2022, regarding proposals to introduce a new corporate criminal offence for any financial services business (FSB) which fails to prevent money laundering and terrorist financing.
    GuernseyCriminal Law
    Appleby
    Appleby
  • Article

    Tackling The Myth Of ‘Secrecy'

    A recent House of Commons debate on the Criminal Finances Bill included discussion about whether the Crown Dependencies should be forced to create public registries of beneficial ownership information.
    GuernseyCriminal Law
    Jersey Finance Limited
    Jersey Finance Limited
  • Article

    PTCs And The Proceeds Of Crime (Jersey) Law 1999: New Guidance From The JFSC

    The JFSC has issued new guidance and FAQs for Private Trust Companies and trustees in relation to the updated scope of the Proceeds of Crime Law 1999.
    GuernseyCriminal Law
    Walkers
    Walkers
  • Article

    Jersey Approves Legislation To Further Strengthen Ability To Prosecute Financial Crime

    New legislation designed to strengthen Jersey's capabilities to fight financial crime was introduced last week.
    GuernseyCriminal Law
    Jersey Finance Limited
    Jersey Finance Limited
  • Article

    Corporate Investigations – Keeping Your Cards Close To Your Chest

    Organisations often have to undertake internal investigations. These can arise in many situations. They can, for example, be to investigate some suspected fraud or wrongdoing that has been uncovered
    GuernseyCriminal Law
    Appleby
    Appleby
  • Article

    5 Steps To Avoid Insider Fraud

    It is hard to go a day without someone mentioning the new popular Netflix series 'The Stranger'. One of the mysteries which troubles the audience is the money that has gone missing from the local football club...
    GuernseyCriminal Law
    Ogier
    Ogier
  • Article

    Adjusting The Scope Of Schedule 2

    In January 2023, Schedule 2 of the Proceeds of Crime (Jersey) Law 1999 (Schedule 2) was recast such that scope exemptions were removed, definitions were aligned with FATF Standards...
    GuernseyCriminal Law
    Walkers
    Walkers
  • Article

    Governments Urged To Review The Effectiveness Of Their Anti-Corruption Policies

    A leading academic has urged policy-makers to stop trying to combat corruption by introducing new rules and instead to spend more time determining the effectiveness of the rules already in place.
    GuernseyCriminal Law
    Jersey Finance Limited
    Jersey Finance Limited
  • Article

    Have You Recently Become A Bank Account Fraud Victim?

    There is no doubt that the incidences of bank account fraud are on the rise. In 2023 UK Finance reported 116,324 cases of push payment fraud where a payer is deceived or defrauded into authorising a payment...
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Permafreeze: The Judgment In Customs & Excise v Garnet Investments Ltd

    Those who thought the days of the extended informal freeze may be over, think again.
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Back Where It Belongs

    The Kenya agreement is an encouraging example of such fruits being returned to their rightful owners.
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Injunctions In Fraud Claims: Should Banks Always Get Their Costs?

    Should financial institutions be reimbursed for the costs incurred by assisting victims of fraud?
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Accounting For Bribes: A Jersey Update

    The law in Jersey relating to the consequences of receiving a bribe has been recently clarified in the case of Lloyds Trust Company (Channel Islands) Limited v Fragoso and Others [2013] JRC 211 concerning a Jersey trust known as the Rex Trust.
    GuernseyCriminal Law
    Appleby
    Appleby
  • Article

    Business Crime 2017 Briefing

    What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    ICLG The International Comparative Legal Guide to: Business Crime 2016

    What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    The Judicial Committee Of The Privy Council Confirms The Existence Of "Backwards Tracing"

    The doctrine of tracing involves rules by which to determine whether one form of property interest is properly to be regarded as substituted for another.
    GuernseyCriminal Law
    Walkers
    Walkers
  • Article

    Cyberfraud – Why Businesses Need To Be Prepared

    The risks posed by ‘traditional' forms of fraud (undertaken by dishonest employees or directors diverting funds from client accounts) will always be of concern to financial services businesses.
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Private Prosecution In Jersey – The Way Forward?

    It has been reported in the United Kingdom that public resources are so stretched that police officers have attended the scenes of crime by bus.
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    Is There A Requirement To Prove Property Derived From Crime To Prosecute An Offence Of Money Laundering?

    This case has brought to the fore a very interesting question in the field of money laundering. The issue at stake was the following: in relation to the laundering offence contained in section 93C(2) of the Criminal Justice Act 1988 and section 49(2) of the Drug Trafficking Act 1994 (the "Acts"), is there a requirement for the prosecution to prove that the property being converted is in fact the proceeds of crime?
    GuernseyCriminal Law
    Baker & Partners LLP
    Baker & Partners LLP
  • Article

    PTC Update: Clarification Of Application Of NPTO

    The Government, further to consultation with the Jersey Financial Services Commission ("JFSC"), has recently published an Order clarifying the scope of the Proceeds of Crime...
    GuernseyCriminal Law
    Walkers
    Walkers

Showing 1–20 of 37 results

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