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01 November 2023
Issue: 8047 / Categories: Legal News , Fraud
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Fraud reforms in force

Solicitors have highlighted issues in the otherwise broadly welcomed Economic Crime and Corporate Transparency Act 2023

The Act, which came into force last week, boosts Companies House’s powers to verify the identities of company directors, remove invalid registered office addresses and share information with criminal investigation agencies. This will help prevent criminals hiding behind false names or using opaque companies to disguise money laundering.

Judges will have additional powers to dismiss strategic lawsuits against public protection (SLAPPS) where these are being used to stifle information concerning economic crime.

The Act gives the courts greater powers to seize, freeze and recover cryptoassets. It creates a ‘failure to prevent fraud’ offence to hold large organisations criminally liable if they benefit from a fraud committed by a member of staff, and updates the identification doctrine to extend liability to the actions of senior managers.

Tony McClements, head of investigations, Martin Kenney & Co, said: ‘In particular, I welcome the effort to overhaul Companies House… the information was mostly unverified and effectively worthless in the context of investigation.

‘However, at the risk of sounding underwhelmed, as a former fraud squad detective I am eager to see how the legislation will be utilised by law enforcement whose focus and priorities appear to lie elsewhere—hence the UK’s appalling record in bringing fraudsters to justice. Drafting legislation to close loopholes in order to frustrate fraudsters and the corrupt is admirable, but without the human resources and infrastructure to implement it, the value of the legislation is immediately undermined.’

The Act also amends the Legal Services Act 2007, introducing a regulatory objective of preventing and detecting economic crime.

Law Society president Nick Emmerson said: ‘Under the Act, the SRA can now issue unlimited fines in relation to economic crime offences [instead of the previous £25,000 maximum].

‘However, we strongly urged the government to carefully consider the proportionality of any further increases to the SRA’s fining powers, given that its fining powers increased from £2,000 to £25,000 as recently as July 2022. There is no evidence that the current fining powers are insufficient.’ Emmerson said the Solicitors Disciplinary Tribunal already has unlimited fining powers.

Issue: 8047 / Categories: Legal News , Fraud
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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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