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  • Article

    Is Civil Recovery Effective In Settling Overseas Corruption Investigations?

    The Serious Fraud Office (SFO) is increasingly using civil recovery to settle corruption investigations. On 22 July it announced that it had terminated its criminal investigation into Macmillan Publishers Ltd in connection with suspected corruption of government officials in African countries in relation to the award of contracts.
    United KingdomCriminal Law
    Corker Binning
    Corker Binning
  • Article

    Sweeping New Prosecution Powers For The Financial Services Authority

    A jury at Southwark Crown Court recently convicted Neel and Matthew Uberoi, a dentist and his son, of offences of insider dealing.
    United KingdomLitigation, Mediation & Arbitration
    Corker Binning
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  • Article

    Mark Johnson Fraud Conviction

    On 23rd October, Mark Johnson, the former head of global cash foreign exchange trading at HSBC...
    United KingdomCriminal Law
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  • Article

    Far-Reaching New Prosecution Powers For The FSA

    The surge in the number of criminal prosecutions brought by the FSA has been well-publicised. The recent Court of Appeal judgments in R v Rollins and R v McInerney will embolden further the financial regulator as a prosecutor of financial crime.
    United KingdomCriminal Law
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  • Article

    Contempt Of Court: Why Ignoring A Court Order Could Land You In Serious Trouble

    The ramifications for those found to be in civil contempt (as presided over by the High Court), and, in particular, the court’s power to enforce such a finding against a contemnor who resides overseas, are more far reaching than many (civil) lawyers realise.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    Don't Expect Prosecutions To Come From The Paradise Papers

    Britain tripled the number of civil and criminal investigations linked to the Panama Papers over the past year, from 22 to 66, according to a statement in September from HM Revenue & Customs.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    Urgent New Guidance Needed On Use Of Twitter In Criminal Trials

    The problems that Twitter can pose in legal proceedings has been highlighted by the recent trial of the Pakistani cricketers.
    United KingdomCriminal Law
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  • Article

    The Government Must Take Responsibility For Its New Extradition Treaties

    Much opprobrium has been heaped upon the UK’s extradition laws of late. The critics say that our courts extradite defendants on the basis of little or no evidence; that British nationals are summarily surrendered for political ends; and that extradition is disproportionate where the crime is trivial.
    United KingdomGovernment, Public Sector
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  • Article

    Redefining The Criminal Cartel Offence

    In March 2011 the government published a lengthy consultation paper which set out proposals for a wide-ranging reform of the UK competition regime.
    United KingdomAntitrust/Competition Law
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  • Article

    Why An Economic Crime Agency Is Such A Bad Idea

    The government is intent on creating a new "super agency" to tackle the perceived shortcomings of the current multi-agency system for investigating and prosecuting fraud and related commercial crime.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    Misgivings And Leave To Appeal

    The judgment of Andrews J in SFO v ENRC [2017] EWHC 1017 has attracted considerable interest and criticism.
    United KingdomLitigation, Mediation & Arbitration
    Corker Binning
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  • Article

    FCA Enforcement Powers And Practical Tips For Dealing With Information Requests

    The Financial Conduct Authority (FCA) has a range of enforcement powers available in its toolkit. Sections 165 – 172 of the Financial Services and Markets Act 2000 (FSMA) provide the FCA...
    United KingdomFinance and Banking
    Corker Binning
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  • Article

    Patterns In The Noise – Data On Crime, Arrests And Disposals

    Is policing getting better or worse? The Telegraph reduced its conclusions to a headline last week as it declared ‘Police arrest half as many people as they did a decade ago despite rise in crime'.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    The Law's Response To The Link Between Terrorist Financing And Criminal Activity

    The presence of former criminals in terrorist groups is not new, but since the rise of ISIS and the increasing number of European jihadists, the link between ex-offenders and terrorism has become better recognised.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    New Regulations Tighten Financial Sanctions' Grip

    Solicitors and other professionals must be wary of committing a criminal offence if they fail to report information that could undermine the administration of UK, EU and UN sanctions regimes.
    United KingdomFinance and Banking
    Corker Binning
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  • Article

    The FX Global Code Of Conduct

    A global code of conduct ("the Code") for the foreign exchange ("FX") market was published in May 2017.
    United KingdomFinance and Banking
    Corker Binning
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  • Article

    SFO Prosecution Policy On UK Companies And Overseas Corruption

    The Serious Fraud Office (SFO) recently published its policy on dealing with UK companies suspected of having committed offences involving overseas corruption.
    United KingdomCriminal Law
    Corker Binning
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  • Article

    Time To Rethink The SFO’s Corruption Policy

    The importance of Thomas LJ’s sentencing remarks delivered in the Innospec case on 18 March in relation to the SFO in particular and corporate criminality in general cannot be underestimated.
    United KingdomLitigation, Mediation & Arbitration
    Corker Binning
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  • Article

    Environment Agency Forced To Drop Unfair Waste Export Charges

    In a landmark decision for the UK’s waste management industry, on 22 February 2010 the Environment Agency (EA) dropped charges against two companies alleged to have shipped contaminated waste paper to the Far East.
    United KingdomEnvironment
    Corker Binning
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  • Article

    Corporate Manslaughter On The High Seas – Why Prosecuting Companies Has Not Got Any Easier

    As a result of a collision with a British owned ship in the English Channel on 20 December 2009, a British fishing boat sank and Chris Wadsworth, one of her four British crew, lost his life.
    United KingdomLitigation, Mediation & Arbitration
    Corker Binning
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