The Law Commission published a new report on Wildlife Law today which includes a draft of the new statute, the Wildlife Bill. The Bill brings together the law governing the protection, control and management of wildlife to make it more consistent. The Bill amalgamates the law governing the protection, control and management of wildlife aiming to make it easier to understand and simpler to use.
Wildlife Bill published
Volkswagen: the investigation widens
The Volkswagen investigation has widened after two developments this week.
On 2 November 2015, the United States Environmental Protection Agency (EPA) issued a second notice of violation to Volkswagen, alleging that the company developed and installed a defeat device in certain VW, Audi and Porsche diesel vehicles equipped with 3.0 liter engines that increases emissions of nitrogen oxide (NOx) up to nine times EPA’s standard. Continue reading
Serious Fraud Office: further guidance on self reporting
In a speech to the Annual Anti Bribery & Corruption Forum on 29th October, Ben Morgan, the Joint Head of Bribery and Corruption at the SFO, provided additional guidance as to what the SFO expects from companies “self reporting”, and also provided the strongest hint yet that organisations that did self report would not be prosecuted. Continue reading
The Director of the Serious Fraud Office, David Green CB QC, appeared before the Culture, Media and Sports Select Committee on 26th October 2015. Mr Green provided evidence regarding the SFO’s involvement with the FIFA investigation. Reuters, UK fraud office receives new money laundering details in FIFA investigation.
The Director’s Evidence
In May 2015, the SFO announced it was examining information relating to possible corruption charges. At the select committee hearing, three important developments were revealed: Continue reading
Unduly lenient sentences: to be extended to lesser offences?
The 2015 Conservative Party manifesto contained a commitment “to tackle those cases where judges get it wrong, we will extend the scope of the unduly lenient scheme, so a wider range of sentences can be challenged”. In September 2015, the Attorney General, Jeremy Wright, stated “I am very much in favour of looking at an extension of the scheme…..and will do it as soon as I can”. Continue reading
UK national risk assessment of money laundering and terrorist financing reveals significant intelligence gaps in relation to “high end” money laundering
On 15th October 2015, the UK government published the first UK national risk assessment of money laundering and terrorist financing.
The report expresses three concerns of the impact of money laundering in the UK:
- That much of the money laundered through the UK is the proceeds of overseas corruption, the effect of which creates political instability in other jurisdictions.
- That money laundering is a key enabler of serious and organised crime, estimated to cost the UK £24 billion a year.
- That there is an overlap between money laundering and terrorist financing.
Transparency International: extremist groups use money laundered through London to radicalise individuals
The executive director of Transparency International, Robert Barrington, expressed his concerns that extremist groups are using corrupt money laundered through the City of London to radicalize individuals at the London Fraud Forum’s annual conference.
Mr Barrington suggested that the suspicious activity reporting system was not working effectively, and that a more global approach was required, urging London to work with other financial centres to combat suspected money laundering. Mr Barrington also suggested that the role of professionals, including lawyers and accountants, in facilitating money laundering required further attention. Continue reading
SEC extra-territorial jurisdiction enables disposal of corruption case in South Africa
In a case that demonstrates the scope of US extra-territorial jurisdiction, the US Securities and Exchange Commission (SEC) charged Hitachi Ltd, a corporation based in Japan, with violating the Foreign Corrupt Practices Act (FCPA) (see Practical Law practice note, The Foreign Corrupt Practices Act: Overview) by inaccurately recording improper payments to the ruling political party in South Africa in connection with contracts to build power plants.
Hitachi agreed to pay $19m to settle the charges, but did not admit or deny the allegations. Continue reading
Arck LLP prosecution: another lengthy sentence for fraud
Two individuals were sentenced on Friday for their involvement in the SFO’s Arck LPP investigation.
Arck LLP was described as an “elaborate scam” which defrauded investors, in some cases of life savings and pension funds. Two individuals plead guilty to charges under the Fraud Act 2006. A charge of forgery remains on file. Continue reading
A missed opportunity?
Since the previous blog post on the global investigation into Volkswagen, there have been a number of developments, including a change in CEO and a comment from the board that the blame rests on individuals: “the unlawful behaviour of engineers and technicians involved in engine development shocked Volkswagen”. Continue reading