Fraud

The new model search & imaging order lacks the clarity needed for the digital age, argues Mary Young

Corporates who self-report wrongdoing ‘promptly’ will be able to negotiate a deferred prosecution agreement (DPA) rather than face prosecution, unless ‘exceptional circumstances’ apply.

The dizzying array of regulatory requirements facing UK businesses is about to increase, with new ‘failure to prevent fraud’ duties in force in September and the proposed duty to prevent sexual harassment. In this week’s NLJ, Kerry Garcia, partner and head of employment, immigration & pensions, and James Evison, partner, at Stevens & Bolton, offer some practical steps for employers.

Failure to prevent fraud, sexual harassment & more: Kerry Garcia & James Evison unpack the increasing number of compliance measures facing UK businesses this year

Is the anti-money laundering regime too vague? In this week’s NLJ, Jonathan Fisher KC, Red Lion Chambers, looks at two recent cases involving solicitors where the standards applied were assessed according to whether they were ‘adequate’ or ‘appropriate’.

What are ‘adequate’ & ‘appropriate’ measures to take against money laundering? Jonathan Fisher KC urges regulators to exercise some restraint

The ‘long-awaited’ Home Office guidance on failure to prevent fraud (FPF) is now available and the new law will come into effect in September. In this week’s NLJ, Michael Goodwin KC and Theo Burges, third-six pupil barrister, Red Lion Chambers, write that ‘the spectre of the likely interaction between FPF and deferred prosecution agreements (DPAs) also looms for corporates’.

Michael Goodwin KC & Theo Burges explain how deferred prosecution agreements can be used in tandem with the new failure to prevent fraud offence

Could law enforcement agencies tasked with recovering stolen cryptoassets have a silver bullet in their arsenal? In this week’s NLJ, Ashley Fairbrother, partner, and Joe Nahal-Macdonald, senior associate, at Edmonds Marshall McMahon, and Sarah Wood, barrister at 5 St Andrews Hill, examine the new powers provided by Part 5 of the Proceeds of Crime Act 2002, courtesy of legislation implemented in 2024.

Could a bold interpretation of the new powers contained in Part 5 of the Proceeds of Crime Act 2002 provide a silver bullet for law enforcement? Ashley Fairbrother, Joe Nahal-Macdonald & Sarah Wood set out the case