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12 September 2013 / Kaley Crossthwaite
Issue: 7575 / Categories: Features , Risk management , Profession
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Beware the regulator!

Kaley Crossthwaite advises how best to protect your firm against the threat of money laundering...& visits from the regulator

Legitimising the proceeds of illegal activity has always been a challenge for criminal organisations. For the unwitting corporate entity, holding and processing funds of uncertain provenance can carry hefty fines and potential incarceration. But is it sufficient to cross your fingers and hope that your business is not targeted and, if you are, to hope that you don’t get caught? Unfortunately these days, that is not enough.

What’s adequate?

Today, the battle against money laundering is as much about being able to demonstrate that money can’t be laundered in your organisation as it is about showing that money isn’t being laundered. Much like the Bribery Act 2010, this means not just providing evidence that money can’t be laundered but demonstrating that the processes in place are adequate to protect against the risk of money laundering. Assessing adequacy is always a challenge and will take into consideration such things as the size of transactions you

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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