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22 November 2007 / Tom Epps
Issue: 7298 / Categories: Features , Criminal
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Crossing the pond

Tom Epps highlights the increasing Americanisation of UK corporate crime investigations

The ongoing BA/Virgin cartel case sharply brings into focus the strong influence that US law enforcement agencies have imposed on corporate crime investigations in the UK. The influence of the US can be seen in both the investigative methods adopted by law enforcement agencies here, and more obviously in relation to the prospect of extradition to the US for the four former BA directors.

US-STYLE INVESTIGATIONS

Historically, the UK law enforcement agencies have been reluctant to grant immunity against prosecution to those who have admitted offences, even though they are willing to give evidence against others. The UK criminal courts have generally viewed any evidence of an accomplice with scepticism on the basis that they may simply seek to serve their own ends by providing evidence against others.

The US law enforcement agencies have traditionally favoured the practice of using those who admit offences to provide evidence against others in exchange for a substantially reduced sentence or immunity for the whistleblower.

The US

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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