On 30 September 2022, almost seven years after the introduction of the Modern Slavery Act 2015, standard 25700:20221 of the British Standards Institution (BSI) came into effect. This offers guidance and recommendations on organisational responses to modern slavery. The standard, which applies to all organisations regardless of type, size and activity, recognises that drivers for tackling […]
The digital age has permanently changed the way in which criminal investigations are conducted. As people and businesses make greater use of technology, so grows the volume of material the police and prosecution bodies receive when an investigation begins. This is an important issue for the Serious Fraud Office (SFO), which often receives upward of […]
Earlier this month, Kim Kardashian settled an investigation by the US Securities and Exchange Commission (SEC) into unlawful cryptocurrency advertising. The billionaire reality TV star had posted on Instagram, promoting a cryptoasset, but had failed to disclose that she had been paid $250,000 for the post. The mistake cost her a $1.26 million fine by […]
The International Comparative Legal Guide – Business Crime 2023 has come out. This edition covers common issues in business crime in 22 jurisdictions. Neil Swift, Joseph Duggin and James Tyler have contributed the chapter for England & Wales. The chapter, which is free to view, covers: – General Criminal Law Enforcement – Organisation […]
At Peters & Peters, as part of our commitment to justice, we lend our support to important causes where we can make a difference, often helping those facing some of the most difficult times of their lives in their search for justice. Sometimes, these causes also lead us to being involved in highly unusual proceedings. […]
While the main purpose of Western sanctions against Russia over the past eight months is to stop Russia’s military action in Ukraine, they have also made it much more challenging to pursue and defend legal claims involving Russian entities and individuals before courts and arbitral tribunals in Europe and the United States. This webinar […]
The Economic Crime and Corporate Transparency Bill 2022, which is expected to become law in the near future sets out measures to strengthen financial crime prevention and enforcement in the UK. It follows hot on the heels of earlier legislation targeting the identification and registration of overseas entities holding property in this jurisdiction, and […]
Following ratification by the US Congress, the Data Access Agreement between the US and the UK under the Clarifying Lawful Overseas Use of Data (CLOUD) Act will enter into force on 3 October 2022, three years after it was originally signed. Under the agreement, investigators in each country will be able to obtain electronic data […]
Fraud is increasing beyond domestic borders and the need for cooperation between jurisdictions in pursuing the proceeds of financial wrongdoing has never been so acute. Recent developments internationally, notably in the United States, seem to reduce the tools of collaboration available. However, the position in our own jurisdiction is lacking in this regard and in […]
Max Hill QC, director of public prosecutions for England and Wales, and Lisa Osofsky, director of the Serious Fraud Office, recently put their support behind extending the ‘failure to prevent’ (FTP) model from current bribery and tax offences to further encompass fraud, reviving a decades-long debate around how far corporates should be responsible for the […]
