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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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