UK

Corporate Crime Update – Winter 2019

Welcome to the Winter 2019 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update … Continue reading

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Filed under Bribery and Corruption, China, Corporate Crime, Dubai, EU, Europe, European Regulation, Germany, Hong Kong, India, Indonesia, International, Investigations, Korea, Malaysia, Middle East, Philippines, Sanctions and Money Laundering, Singapore, UAE, UK, UK Government, UK Legislation, UK Regulations, US

Anti-money laundering regulatory round-up

Author: Susannah Cogman Late 2018 and early 2019 saw a flurry of regulatory developments and proposals relating to anti-money laundering. We have reported on these in brief in our regular corporate crime updates, but for those who have been – … Continue reading

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Filed under Corporate Crime, EU, Europe, European Regulation, FCA, Regulatory Reform, Sanctions and Money Laundering, UK, UK Regulations, Uncategorized

FCA consults on further changes to SMCR

Authors: Sarah Thomas, Cat Dankos and Hywel Jenkins At the end of January, the UK Financial Conduct Authority (FCA) issued a further consultation paper (CP19/4, the CP) on the Senior Managers and Certification Regime (SMCR). Responses to the CP are … Continue reading

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Filed under FCA, Regulatory Reform, UK, UK Legislation, UK Regulations, Uncategorized

OFSI imposes its first monetary penalty — Raphaels Bank sanctions breach

Authors: Daniel Hudson, Partner, London and Daniel Hyde, Associate (Australia), London On 25 February 2019, the UK Government’s Office of Financial Sanctions Implementation (“OFSI”) published a notification of its first imposition of a monetary penalty under new powers afforded to … Continue reading

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Filed under Corporate Crime, HM Treasury, Sanctions and Money Laundering, UK, UK Legislation

FCA fines asset managers in first use of its competition powers

On 21 February 2019, the FCA announced its first decision under its competition enforcement powers, finding three asset management firms have breached competition law. This decision is an important assertion of the FCA’s intention to use its competition powers – previous matters which … Continue reading

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Filed under Asset management, UK

High Court orders disclosure of SFO documents in s.90A FSMA shareholder class action

In a recent decision, the High Court has ordered that documents provided to Tesco plc (“Tesco“) by the SFO for the purpose of negotiating a deferred prosecution agreement (“DPA“) must be disclosed by Tesco in the separate civil action relating … Continue reading

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Filed under Commercial Litigation, Corporate Crime, Investigations, UK

Preparing for Brexit: EEA Firms – UK Temporary Permissions Regime (“TPR”)

The UK FCA and PRA propose to implement the TPR if the UK leaves the European Union on 29 March 2019 without an implementation (or transitional) period, to ensure that EEA firms currently operating under an incoming passport (either from … Continue reading

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Filed under UK, UK Regulations, UK-EU Negotiations

Brexit Final Political Declaration: Nothing [new] to see here?

On financial services, the final political declaration contains essentially the same three points as in last week’s outline political declaration (the implications of which were discussed in our blog post of 15 November, available here), although there is some limited … Continue reading

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Filed under Announcements, Europe, Sector Updates by Herbert Smith Freehills, UK, UK Government

Brexit Outline Political Declaration: Initial indicators for the financial services industry

Yesterday’s announcements on the terms agreed for the UK’s withdrawal from the EU say relatively little about the future framework for cross-border trade in goods or services.  More detail is expected on this next week. The draft withdrawal agreement provides … Continue reading

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Filed under Article 50, Asset management, Banking, Draft Legislation, EU, Europe, Funds, HM Treasury, Investment Funds, UK

High Court considers extraterritorial application of compulsory powers

In the case of R (On The Application Of KBR Inc) v The Director of the Serious Fraud Office [2018] EWHC 2368 (Admin) (“KBR“), the High Court dismissed a judicial review brought by the applicant, finding that the SFO was able to compel … Continue reading

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Filed under Announcements, Bribery and Corruption, Corporate Crime, Investigations, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills, UK, UK Legislation