The Crime and Policing Bill 2025, published by the UK Government on February 25, 2025, proposes extending the new ‘senior manager’ test of corporate criminal attribution to all criminal offences, not just economic crime...more
4/1/2025
/ Compliance ,
Corporate Crimes ,
Corporate Liability ,
Corporate Transparency Act ,
Criminal Prosecution ,
Cross-Border ,
Legislative Agendas ,
New Legislation ,
Regulatory Reform ,
UK ,
White Collar Crimes
The new Economic Crime and Corporate Transparency Act 2023 (the Act) is the latest step in the UK Government’s attempts to address economic crime and improve transparency over corporate entities. Whilst most of the key...more
10/30/2023
/ Corporate Counsel ,
Corporate Crimes ,
Corporate Entities ,
Corporate Fraud ,
Corporate Governance ,
Corporate Liability ,
Corporate Transparency Act ,
Enforcement Actions ,
Financial Crimes ,
Investigations ,
Regulatory Agenda ,
UK
Where a criminal offence requires proof of a specific mental state, or ‘mens rea’ (such as intent, recklessness or dishonesty), previously a company could only be found guilty if an individual who represented the company’s...more
The UK Government has published a draft ‘failure to prevent fraud’ corporate criminal offence rendering large companies liable for fraud committed by their associates. We consider the draft offence and implications for...more
In the House of Lords yesterday evening the Government confirmed that it intends to propose a new ‘failure to prevent’ corporate criminal offence to be inserted into the Economic Crime Bill. We consider the backdrop to this...more
The UK Government has asked the Law Commission to review the law on corporate criminal liability and propose options for reform. Supporters of reform will use recent failures of the UK Serious Fraud Office to prosecute large...more
The UK Bribery Act 2010 (UKBA) turns ten years old on Thursday. What can companies learn from concluded UKBA enforcement actions in the past decade?...more