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06 October 2017
Issue: 7764 / Categories: Legal News , Criminal
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Criminal finance crackdown

HMRC ‘will be looking for unsuspecting scalps’ now the landmark Criminal Finances Act is in force, lawyers have warned.

The Act, which came into force on 30 September, creates a corporate criminal offence of failure to prevent the facilitation of tax evasion in the UK and abroad by an ‘associated person’ (employees, agents or persons acting on the company’s behalf) unless ‘reasonable’ prevention procedures were in place.

David Sleight, partner at Kingsley Napley, said the Act was ‘extremely wide-ranging’, with ‘global reach’, and warned that HMRC ‘will be desperate to demonstrate that the new legislation has teeth’.

‘Failure to adopt appropriate safeguards could render the company liable to a criminal conviction, unlimited fines and confiscation of its assets,’ he said. ‘In the past, HMRC has encountered difficulties in prosecuting corporates for facilitating tax evasion due to the problem of attributing criminal liability to a company. The new legislation has dispensed with the need to prove that the “controlling mind” of a company (ie senior management) were aware that tax evasion had been facilitated.

‘Companies and partnerships should be urgently considering HMRC guidelines and critically assessing the adequacy of their existing systems and controls now.’

Individual suspects may also find themselves subject to an Unexplained Wealth Order from the High Court, now the Act is in force.

Peter Vaines, NLJ author and barrister at Field Court Tax Chambers, said: ‘This applies where there are reasonable grounds to suspect that a “Politically Exposed Person” (PEP), or a person who has been involved in serious crime (which includes money laundering), has property of more than £50,000 which cannot be explained by known sources. This includes having control over the property as a trustee, a beneficiary or potential beneficiary of a trust, plus a wide class of connected person. The recipient has 60 days to explain, or HMRC can seek to “recover” it—in addition to other penalties such as a spell behind bars.’

However, Vaines questioned what would happen where the PEP has diplomatic immunity, or there was a difference of opinion regarding the explanation: ‘Penalty first – trial later?’

 
Issue: 7764 / Categories: Legal News , Criminal
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

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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