Shifting powers in the Proceeds of Crime Act 2002 by Neil Swift, August 2015

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Corporate Crime: How will the consultation on the Proceeds of Crime Act 2002 (POCA 2002) affect practice for corporate crime lawyers? Neil Swift, partner at the business crime department at Peters & Peters, offers an overview of the proposed changes and explains that we are likely to see a reallocation of power under POCA 2002. […]

Latest UK surveillance legislation held unlawful

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On 17 July 2015, the High Court held that the UK’s emergency surveillance legislation was incompatible with European Union law. This case illustrates the crucial importance of the judicial system for raising fundamental questions and for holding the state to account. The case was brought by a number of Members of the House of Commons, […]

The lifting of sanctions in Iran under the JCPOA and effects on your business

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Tuesday’s historic nuclear agreement between Iran and the E3+3 countries (USA, UK, France, Russia, China and Germany) marks a seismic shift in international relations, which, if successful, will enable Iran to open its doors to foreign businesses. The Joint Comprehensive Plan of Action (JCPOA) will produce the comprehensive lifting of all UN Security Council sanctions […]

Neil Swift presents a Sports Law Lexis Nexis Webinar on ‘Match Fixing’

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Originally broadcast on Tuesday, June 23, 2015 – 15:30. A number of legal rules exist to tackle match fixing, although it is not directly criminalised. This webinar will provide an overview of these laws, including the importance of whistleblowing measures. Our experts will also cover the debate surrounding direct criminalisation and the Draft Council of […]

Emma Ruane Co-Authors Special Report ‘Q & A: International investigations and asset tracing’

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Emma Ruane is an associate at Peters & Peters, and has gained extensive experience of the interaction between civil and criminal law in high value fraud and competition cases sometimes spanning multiple jurisdictions. In particular she has assisted partners across the firm with matters litigated in the High Court which are simultaneously of interest to […]

Setting aside arbitral awards for serious irregularity: Secretary of State for the Home Department vs Raytheon Systems Ltd

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In the case of Secretary of State for the Home Department vs Raytheon Systems Ltd [2015] EWHC 311 (TCC) an arbitral award was set aside on the ground of’ serious irregularity’ under the Arbitration Act 1996 s.68(2)(d), on the basis that the Tribunal had not dealt with all the issues put to it. The dispute […]

World Cup corruption: boardroom risk

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It has all the ingredients of a mob story: the official with an ostentatious lifestyle; difficult questions from the tax man about the unexplained wealth; then the not so difficult decision, accepting the life-line of cooperation with the FBI, telling all about former associates, leaving their fate in the hands of the U.S. Department of […]

When is an arrangement criminal for the purposes of section 328 POCA?

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On 22 April 2015 the Supreme Court handed down judgement in the case of R v GH. At trial the Respondents faced an indictment which consisted of a single count contrary to section 328 POCA 2002 reading: between the first day of August 2011 and the 13th day of January 2012 entered into or became […]

Operation Skynet presents enhanced extradition risk for Chinese nationals resident in the UK

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In March 2015, China announced the commencement of Operation Skynet the latest initiative in Chinese President Xi Jinping’s much-publicised anti-corruption drive. The Chinese Central Commission for Discipline Inspection, the body within the People’s Republic of China charged by President Xi with investigating allegations of bribery and corruption against party officials, states that Skynet’s objectives includes […]

Terrorist financing and managing risk in the not for profit sector are banks exercising undue caution?

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At the end of last year, the leading think tank Demos published a report in which it argued that improved standards in combating terrorist financing have had far-reaching and unintended consequences for charities, restricting financial access and thus preventing them from providing humanitarian assistance where it is sorely needed. Only last summer, HSBC announced controversially […]